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

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

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

1. General provisions on criminal Offences

Culpability

Article 13
(1) Considered to be guilty of a criminal offence shall be a perpetrator who is of sound mind and who acted with wrongful intent, and was aware or was obliged to be aware or could have been aware that his act was prohibited.

(2) A perpetrator may be considered guilty of a criminal offence committed by negligence only where so provided by law.

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.