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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter I
THE CRIMINAL CODE AND THE PRINCIPLES OF ITS APPLICATION

Article 6. Principle of Criminal Liability Personal Character

(2) Only the person who commits by intention or imprudence an act set forth in criminal law shall be subject to criminal liability and criminal punishment.

GENERAL PART

Chapter II
CRIME

Article 17. Crime Committed with Intent

A crime shall be considered as being committed with intent if the person who committed it realized the prejudicial nature of his/her action or inaction, foresaw its prejudicial consequences, and wanted or consciously admitted the occurrence of such consequences.

GENERAL PART

Chapter II
CRIME

Article 19. Crime Committed with Two Forms of Guilt

If a crime committed with intent leads to more severe consequences which according to the law imply a more severe criminal punishment and which were not part of the intent of the offender, the criminal liability for such consequences shall be applied only if the person foresaw the prejudicial consequences but thoughtlessly considered that such could be avoided, or if the person did not foresee the possibility of such consequences although he/she should have and could have foreseen such. Consequently, the crime is considered to have been committed with intent.

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.