General Part

Section II. Crime

Chapter 5. Guilt

Article 24. Forms of Guilt

1. A person who has committed an act deliberately or carelessly shall be deemed to be guilty of a crime .

2. An act committed negligently shall be recognized as a crime only in cases where this is specially provided for by the relevant Article of the Spesial Part of this code. Special Part of this Code .


Article 25. Crimes Committed Negligently

1. An act committed with express intent or extreme recklessness shall be recognized as crime committed intentionally.

2. A crime shall be deemed to be committed with clear intent, if the person was conscious of the social danger of his actions (inaction), foresaw the possibility or the inevitability of the onset of socially dangerous consequences, and willed such consequences to ensue .

3. A crime shall be deemed to be committed with indirect intent, if the person realized the social danger of his actions (inaction), foresaw the possibility of the onset of socially dangerous consequences, did not wish, but consciously allowed these consequences or treated them with indifference .


Article 26. A Crime Committed by Negligence

1. A criminal deed committed thoughtlessly or due to negligence shall be recognized as a crime committed by negligence.

2. A crime shall be deemed to be committed thoughtlessly, if the person has foreseen the possibility of the onset of socially dangerous consequences of his actions (inaction), but expected without valid reasons that these consequences would be prevented.

3. A crime shall be deemed to be committed due to negligence if the person has not foreseen the possibility of the onset of socially dangerous consequences of his actions (inaction), although he could and should have foreseen these consequences with reasoable .


Article 27. Responsibility for a Crime Committed with Two Forms of Guilt

If an intentional crime results in grave consequences, which under the law involve a stricter punishment but which were not included in the person's intent,then criminal responsibility for such consequences shall ensue only in cases where the person has foreseen the possibility of their onset, but expected without valid reasons that they would be prevented, or in cases where the person has not foreseen, but could and should have foreseen the possibility of the onset of these consequences. By and large, such crime shall be deemed to be committed willfully .


Article 28. Innocent Infliction of Harm

1. A deed shall be deemed to be committed innocently if the person who has performed it has not realized and could not realize due to the circumstances of the case the social danger of his actions (inaction), or has not foreseen the possibility of the onset of socially dangerous consequences and could not or should not foresee them due to the circumstances of the case.

2. A deed shall be deemed to be committed innocently if the person who has performed it, although has foreseen the possibility of the onset of the socially dangerous consequences of his actions (inaction), but could not prevent these consequences because of a failore of his psycho-physiological abilities to cope with the requirements of the extreme conditions or nervous and psychic stresses .

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.