General Part

Section 2.

Crime.

Chapter 5.

Guilt.

Article 28. Types of guilt.

1. The guilt is manifested willfully or through negligence.

2. An action committed through negligence is a crime if it is particularly envisaged in the Special Part of this Code.

General Part

Section 2.

Crime.

Chapter 5.

Guilt.

Article 30. Committal of negligent crime.

1. A crime committed through negligence can be manifested through self-confidence or carelessness.

2. A crime is considered committed through self-confidence, if the person had foreseen the possible
dangerous nature of one’s action (inaction) for the society, but without sufficient grounds self-confidently hoped that these consequences will be prevented.

3. A crime is considered committed through carelessness, if the person had not foreseen the possible dangerous nature of one’s action (inaction) for the society, although in the given circumstances he was obliged and was able to foresee them .

Article 32. Liability for crimes with two types of guilt.

If the law envisages a more strict liability for a willful crime which caused severe consequences through negligence, then the person is liable for these consequences only when one had foreseen the possible social danger of one’s action (inaction), however, without good reason, self-confidently hoped that these consequences will be prevented, or had not foreseen the possible consequences of his socially dangerous action (inaction), although in the given circumstances one was obliged to and could foresee them. Such a crime must be considered willfully committed.

General Part

Section 2.

Crime.

Chapter 7.

Complicity.

Article 38. Types of accomplices.

2. The perpetrator is the person who immediately committed the crime or immediately participated in its committal with other persons (accomplices), as well as the one who committed the crime through the use of persons not subject to legal criminal liability or the persons who committed a crime through negligence.