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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Section II. A Crime

Article 20. A Crime Committed Deliberately

1. A crime which was committed with direct or indirect intent shall be considered a deliberate crime.

2. A crime shall be recognised as an act committed with direct criminal intent, if a person was aware of public danger of his acts (omission of acts), foresaw a possibility or inevitability of publicly dangerous consequences, and disregarded their emergence.

3. A crime shall be recognised as an act committed with indirect intent, if a person was aware of the public danger of his acts (omission of acts), foresaw a possibility of the emergence of publicly dangerous consequences, did not desire but consciously admitted the possible emergence of such circumstances, or had an indifferent attitude towards them.

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.