Spans in 'Afghanistan - Penal Code' tagged with 'Omission'

'Omission' in document 'Afghanistan - Penal Code'

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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 One
Material element

First - Act, Cause and Effect

Article 27 :

An act or omission of an act contrary to the law, such that the act should result in a criminal effect and a cause relationship be established between the act and the effect, is the material element of crime.

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.