'Negligence' in document 'Estonia - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

§ 17. Ignorance of circumstances which constitute necessary elements of offence

(1) A person who at the time of commission of an act is unaware that a circumstance which constitutes a necessary element of an offence is not deemed to have committed the act intentionally. In such case, the person shall be punished for an offence committed through negligence in the cases provided by law.

Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 1
Necessary Elements of Offence

§ 18. Negligence

(1) Negligence is recklessness or carelessness.

(2) A person is deemed to have committed an act through recklessness if the person foresees the occurrence of circumstances which constitute the necessary elements of an offence but, due to inattentiveness or irresponsibility, seeks to avoid the occurrence of such circumstances.

(3) A person is deemed to have committed an act through carelessness if the person is unaware of the occurrence of a circumstance which constitutes a necessary element of an offence but should have foreseen the occurrence of the circumstance in the case of attentive and conscientious performance.

Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 1
Necessary Elements of Offence

§ 19. Liability for grave consequences

A person shall be liable for grave consequences provided by law if he or she causes the consequences with at least negligence.