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.

Part I. General Provisions

Chapter 3. Conditions governing criminal liability

Section 42.

If any person has committed an act in a state of ignorance concerning circumstances that determine criminal liability or increase the penalty for the said act, such circumstances shall not be attributable to him.

If the ignorance can be ascribed to negligence, in cases in which negligence is punishable the penalty prescribed for such negligence shall be applicable.

Ignorance resulting from self-induced intoxication shall be disregarded. In such cases the offender shall be judged as if he were sober.

Error regarding the value of an object or the amount at which damages must be assessed shall only be taken into account when criminal liability is conditional thereon.