Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 1
Necessary Elements of Offence

§ 12. Necessary elements of offence

(3) The subjective elements necessary to constitute an offence are intent or negligence. Law may prescribe a motive, aim or any other subjective element necessary to constitute an offence.

Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 1
Necessary Elements of Offence

§ 15. Intentional act and negligent act

(1) Only intentional acts shall be punishable as criminal offences unless a punishment for a negligent act is provided by this Code.

(2) An act is also deemed to be intentional if it comprises the necessary elements of an offence in the case of which intent is presumed with regard to the act, and negligence is deemed to be sufficient with regard to grave consequences.

(3) Intentional and negligent acts are both punishable as misdemeanours.

Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 1
Necessary Elements of Offence

§ 16. Intent

(1) Intent is deliberate intent, direct intent or indirect intent.

(2) A person is deemed to have committed an act with deliberate intent if the aim of the person is to create circumstances which belong to the necessary elements of an offence and is aware that such circumstances occur or if he or she at least foresees the occurrence of such circumstances. A person is also deemed to have committed an act with deliberate intent if the person assumes that the circumstances which constitute the necessary elements of an offence are an essential prerequisite for the achievement of the aim.

(3) A person is deemed to have committed an act with direct intent if the person knowingly creates circumstances which belong to the necessary elements of an offence and wants or at least tacitly accepts the creation of the circumstances.

(4) A person is deemed to have committed an act with indirect intent if the person foresees the occurrence of circumstances which constitute the necessary elements of an offence and tacitly accepts that such circumstance may occur.

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.