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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PROVISIONS

CHAPTER III
CRIME AND MISDEMEANOUR

Article 11. Crime

2. Crimes shall be committed with intent and through negligence. Premeditated crimes are divided into minor, less serious, serious and grave crimes.

GENERAL PROVISIONS

CHAPTER III
CRIME AND MISDEMEANOUR

Article 14. Forms of Guilt

A person shall be found guilty of commission of a crime or misdemeanour where he has committed this act with intent or through negligence.

GENERAL PROVISIONS

CHAPTER III
CRIME AND MISDEMEANOUR

Article 15. Premeditated Crime and Misdemeanour

1. A crime or misdemeanour shall be premeditated where it has been committed with a specific or general intent.

2. A crime or misdemeanour shall be committed with a specific intent where :

1) when committing it, the person was aware of the dangerous nature of the criminal act and desired to engage therein ;
2) when committing it, the person was aware of the dangerous nature of the criminal act, anticipated that his act or omission might cause the consequences provided for by this Code and desired that they arise.

3. A crime or a misdemeanour shall be committed with a general intent where, when committing it, the person was aware of the dangerous nature of the criminal act, anticipated that his act or omission might cause the consequences provided for by this Code and, though he did not desire that they arise, consciously allowed the consequences to arise.

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.