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

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

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More information about the keyword 'Mental element'
More information about the document 'Macedonia - Criminal Code'
The relevant provisions of implementing legislation: [1] [2] [3] [4]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.1. General provisions on crime and criminal responsibility

Criminal responsibility

Article 11

(1) An offender bears criminal responsibility if he is mentally competent and if he has committed the crime with intent or out of negligence and was aware, or was obligated and could have been aware that the activity has been prohibited.

(2) The offender bears criminal responsibility for a crime committed out of negligence only when this is so determined by the law.

GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.1. General provisions on crime and criminal responsibility

Intent

Article 13

A crime was committed with intent when the offender was aware about his act and he wanted it to be committed; or when he was aware that because of his act or omission, there could be a damaging consequence, but he agreed for it to happen.

GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.2. Preparation and attempt of a crime

Preparation

Article 18

(1) A person intentionally preparing a crime shall be punished only when this is explicitly so determined by law.

GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.3. Accessory in crime Joint perpetration

Limits of criminal responsibility and possibility of punishing the accomplices

Article 25

(1) The joint offender is criminally responsible within the limits of his intent or negligence, and the instigator and accessory - within the limits of their intent.

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.