Spans in 'Mongolia - Criminal Code' tagged with 'Mental element'

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

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE TWO
CRIME

CHAPTER FIVE
GUILT

Article 26. Deliberate Commission of Crime

26.1. Deliberate Commission of Crime shall be of direct and indirect forms.

26.2.A crime shall be recognized to be directly deliberate if the culprit, while being aware of the socia lly dangerous character of own act or omission, foresees its inevitable or potential socially dangerous harm but willfully commits it.

26.3. A crime shall be recognized to be indirectly deliberate if the culprit is aware of the socially dangerous character of own act or omission, foresees its potential socially dangerous harm, and causes it although does not wishes its occurrence.

GENERAL PART

TITLE TWO
CRIME

CHAPTER FIVE
GUILT

Article 28. Causing Harm Without Guilt

27.1. If the culprit did not realizes the socially dangerous character of own act (omission), had no possibility to realize so considering the circumstances of the case, and neither had a possibility to foresee its socially dangerous harm nor should have had so foreseen he/she shall be as having caused damage without guilt.

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.