Part I. General Provisions

Chapter 3. Conditions governing criminal liability

Section 40.

The penal provisions of this code are not applicable to any person who has acted unintentionally unless it is expressly provided or unambiguously implied that a negligent act is also punishable. If the offender has acted in a self-induced state of intoxication caused by alcohol or other means, the court shall disregard such intoxication when judging whether the act was wilful.

A misdemeanour consisting of a failure to act shall be punishable also when it is committed by negligence unless the contrary is expressly provided or unambiguously implied.

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.