'Mental element' in document 'Bulgaria - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Two - CRIME

Section I -General Provisions

Article 11
(1) An act dangerous to society shall be considered culpably committed where it is intentional or committed through negligence.

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Two - CRIME

Section I -General Provisions

(2) An act shall be considered intentional where its perpetrator was conscious its nature of dangerous to society, foresaw its consequences as dangerous to society and wished or allowed the occurrence of such consequences.

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Two - CRIME

Section I -General Provisions

Article 11
(3) An act shall be considered committed through negligence where the perpetrator did not foresee the occurrence of consequences dangerous to society, but was obliged to and could foresee them, or where he foresaw the occurrence of such consequences but intended to avert them.

(4) Acts committed through negligence shall be punishable only in the cases provided by law.

(5) Where the law qualifies an act as aggravated crime due to the occurrence of additional consequences dangerous to society, if no intent is required for such consequences the perpetrator shall be held responsible for aggravated crime where he has acted with negligence with regard to those consequences.

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Two - CRIME

Section I -General Provisions

Article 14
(1) The lack of knowledge of the factual circumstances, which belong to the elements of the crime, shall exclude the intentional nature of this crime.

(2) This rule shall apply also to acts committed through negligence, where the lack of knowledge itself of the factual circumstances was not due to negligence.

RELEVANT ROME STATUTE PROVISIONS

Article 30
Mental element
1. Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.
2. For the purposes of this article, a person has intent where:
(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.
3. For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.