GENERAL PART

SECTION TWO. CRIME

CHAPTER III. BASIS FOR CRIMINAL LIABILITY, CRIME CATEGORIES

Article 9. Crime of Aforethought
1. Crime of aforethought shall be the action that is perpetrated with direct or indirect intention.
2. The action shall be perpetrated with direct intention if the wrongdoer was aware of the illegitimacy of his/her action, foresaw the possibility for the arrival of the illegal consequence and wished to have this consequence, or foresaw the inevitability of the realization of such consequence.
3. The action shall be perpetrated with indirect intention if the wrongdoer was aware of the illegitimacy of his/her action, foresaw the possibility for the arrival of the illegal consequence, did not wish to have this consequence but deliberately allowed for or was negligent to deal with the arrival of such consequence.

Article 10. Crime of Negligence
1. The action shall be deemed to be crime of negligence if it is perpetrated through presumption or negligence.
2. The action shall be perpetrated through presumption if the person was aware of the action forbidden under the norms of foreseeing, foresaw the possibility for the illegal consequence but had unfounded hope that he/she would avoid this consequence.
3. The action is committed through negligence if the person was aware of the action forbidden under the norms of foreseeing, did not foresee the possibility for the illegal consequence though he/she was obliged to and could foresee it.
4. The action committed by negligence shall be deemed to be offence only in case it is referred to in the relevant article of this Code.

Article 11. Liability for Crime of Aforethought with Attendant Consequence
1. If criminal law provides for the augment of punishment for the arrival of the attendant consequence that fell out of the criminal’s purpose, such augment shall be permitted only in case a person carried out this consequence through negligence. Such action shall constitute a crime of aforethought.
2. Other qualifying mark of the crime of aforethought shall fall within a person’s responsibility only in case this mark was part of the intention of this person.

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.