Spans in 'Afghanistan - Penal Code' tagged with 'Mental element'

'Mental element' in document 'Afghanistan - Penal Code'

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More information about the keyword 'Mental element'
More information about the document 'Afghanistan - Penal Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

First Book
General Provisions

Section Two
CRIMES

Chapter two
Elements of Crimes

Part Two
Moral (contemplative) Element Criminal Intention and Mistake

First — Criminal Intention

Article 34 :

(1) Criminal intention refers to impelling the will of the doer to commit an act which produced the orim, such that it should result in the effect of the intended crime or the effect of an other crime.

(2) Intention is sometimes simple and sometimes it is coupled with prior insistence.

(3) Prior insistence refers to taking a firm decision before performing the crime in mind, provided that it is riot the result of sudden rage and sensual excitement.

(4) Insistence is considered a prior matter, regardless of whether the intention of the doer is directed to a specific person or an unspecified person, be it dependent on any condition or related to some other matter or not.

First Book
General Provisions

Section Two
CRIMES

Chapter two
Elements of Crimes

Part Two
Moral (contemplative) Element Criminal Intention and Mistake

First — Criminal Intention

Article 35

(1) Crime is considered intentional when the criminal intention is realized by its doer.

(2) Crime is also considered intentional in the following instances :

a. When a person is obliged by law or agreement to carry out a duty and he deliberately refuses to do it, such that his refusal directly results in the incidence of the crime.
b. When a person has already anticipated the criminal effects of his action and still he undertakes to perform the said action only to effect a crime.

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.