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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER THREE (iii)CRIMINAL OFFENSE

Article 36

(1) Each co-principal shall be liable in accordance with his intent or negligence, while the instigator and the aider and abettor shall be liable in accordance with their intent.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER FOUR (iv) CULPABILITY

Article 43

(1) Only the intentional perpetration of a criminal offense is punishable, unless a statute expressly provides punishment for negligent conduct as well.

(2) A more severe punishment which the law prescribes for a particular consequence of a criminal offense shall be inflicted only when the perpetrator acted at least negligently with regard to such a consequence.

Intent

Article 44

(1) A criminal offense may be committed with direct (dolus directus) or indirect intent (dolus eventualis).

(2) The perpetrator acts with direct intent when he is aware of his conduct and desires its perpetration.

(3) The perpetrator acts with indirect intent when he is aware that he might commit an offense and accedes to it.

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.