'Negligence' in document 'Timor-Leste - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER I
GENERAL ASSUMPTIONS

Article 14. Intent and Negligence

Only acts committed with intent, or, in cases specifically prescribed in law, with negligence, are punishable.

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER I
GENERAL ASSUMPTIONS

Article 16. Definitions of Negligence

1. Any person who fails to proceed with caution to which, according to the circumstances, the same is obliged and capable of proceeding, acts with negligence, if the perpetrator :

a) acts in such a manner that commission of a defined crime is a possibility, yet acts without accepting said result ; or
b) Does not even realize the possibility of committing said act.

2. The type of negligence referred to in the preceding subarticle shall take on the form of gross negligence whenever circumstances reveal that the perpetrator acted with levity or temerity and failed to observe elementary duties of prudence required in such a case.