The General Part

Title II
Offences

Chapter I
General Provisions

Guilt

Art.20 – (1) The act provided by the criminal law which manifests a social peril is committed in guilt when it is perpetrated in intent, in negligence or with exceeded intent.

1.The act is committed in intent, when the perpetrator :

• a) foresees the result of his act, pursuing its occurrence through the commission of that act ;
b) foresees the result of his act and, although he does not pursues it, accepts the possibility of its occurrence.

2.The act is committed in negligence when the perpetrator :

• a) foresees the result of his act, but he does not accept it, considering, without ground, that the result should not occur ;
b) he does not foresees the result of his act, although he should have and could have foreseen it.

(2) An act that resides either in an action or inaction shall be an offence only when it is committed with intent.

(3) An act committed in negligence shall be an offence only when the law so provides.

(4) There is exceeded intent when the more serious result of an action or inaction with intent is caused by the perpetrator’s negligence.

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.