'Intent - national proceedings' in document 'Tajikistan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION II. CRIME

CHAPTER 5. Guilt

Article 28. Intentionally Committed Crimes

(1) A crime committed intentionally is deemed to be an act committed with general and specific intent.

(2) A crime is deemed to be committed with specific intent if the defendant realized the social danger of his act (omission), foresaw its socially dangerous consequences and intended to produce these consequences.

(3) A crime is considered to be committed with general intent if the defendant realized the socially dangerous character of his act (omission), foresaw its socially dangerous consequences, didn't intend to produce these consequences but deliberately allowed them.

GENERAL PART

SECTION II. CRIME

CHAPTER 5. Guilt

Article 27. Form of Guilt

(1) A person who committed an act intentionally or through carelessness is found to be guilty of a crime.

(2) An act committed through carelessness shall be deemed to be a crime only in the case if it is specially provided for by the corresponding article of the Special Part of the Code.

Article 28. Intentionally Committed Crimes

(1) A crime committed intentionally is deemed to be an act committed with general and specific intent.

(2) A crime is deemed to be committed with specific intent if the defendant realized the social danger of his act (omission), foresaw its socially dangerous consequences and intended to produce these consequences.

(3) A crime is considered to be committed with general intent if the defendant realized the socially dangerous character of his act (omission), foresaw its socially dangerous consequences, didn't intend to produce these consequences but deliberately allowed them.


Article 29. Crimes Committed Due to Imprudence

(1) A crime committed due to imprudence is deemed to be a socially dangerous act committed due to conceit or negligence.

(2) A crime is deemed to be committed due to conceit if a person who committed it foresaw the possibility of the socially dangerous consequences of his act or omission, but deliberately not keeping precautionary measures he hoped that these consequences would be prevented.

(3) A crime is considered to be committed due to negligence if a person who committed it didn't foresee the possibility of the psocially dangerous consequences of his act or omission, though being attentive and far-sighted he should have been foreseen and could have been foreseen them.
Article 30. Responsibility for a Crime Committed with Two Forms of Guilt
If a person causes other socially dangerous consequences due to imprudence when committing an intentional crime, for which the person bears higher liability, such crime is deemed to be committed intentionally.

Article 30. Responsibility for a Crime Committed with Two Forms of Guilt

If a person causes other socially dangerous consequences due to imprudence when committing an intentional crime, for which the person bears higher liability, such crime is deemed to be committed intentionally.

Article 31. Guiltless Injurious Action (Accident)

An act is deemed to be committed by accident if a person who committed it didn't realize, shouldn't or couldn't realize the social danger of his act (omission), or he didn't foresee the possibility of socially dangerous consequences , under circumstances of the case shouldn't or couldn't foresee them.