General Part

Chapter I
General Provisions

Section 1. Basis of Criminal Liability

(1) Only a person who is guilty of committing a criminal offence, that is, one who deliberately (intentionally) or through negligence has committed an offence which is set out in this Law and which has all the constituent elements of a criminal offence, may be held criminally liable and punished.

(2) To be found guilty of committing a criminal offence and to impose a criminal punishment may be done by a judgment of a court and in accordance with law.

(3) In the cases provided for by law, a person shall be found guilty of committing a criminal offence and a punishment determined also by a public prosecutor by drawing up an injunction regarding the punishment.

(4) An offence shall not be considered criminal, applying the law by analogy.

General Part

Chapter II
Criminal Offences

Section 6. Concept of a Criminal Offence

(1) A harmful offence (act or failure to act) committed deliberately (intentionally) or through negligence, provided for in this Law, and for the commission of which criminal punishment is set out, shall be considered a criminal offence.

(2) An offence (act or failure to act) which has the constituent elements of an offence set out in this Law, but has been committed in circumstances, which exclude criminal liability, shall not be considered criminal.

General Part

Chapter II
Criminal Offences

Section 8. Forms of Guilt

(1) Only a person who has committed a criminal offence deliberately (intentionally) or through negligence may be found guilty of it.

(2) In determining the form of guilt of a person who has committed a criminal offence, the mental state of the person in relation to the objective elements of the criminal offence must be established.

General Part

Chapter II
Criminal Offences

Section 8. Forms of Guilt

(1) Only a person who has committed a criminal offence deliberately (intentionally) or through negligence may be found guilty of it.

(2) In determining the form of guilt of a person who has committed a criminal offence, the mental state of the person in relation to the objective elements of the criminal offence must be established.

Section 9. Commission of a Criminal Offence Deliberately (Intentionally)

(1) A criminal offence shall be considered to have been committed deliberately (intentionally) if the person has committed it with a direct orindirect intent).

(2) A criminal offence shall be considered to have been committed with a direct intent if the person has been aware of the harm caused by his or her act or failure to act and has intentionally committed it or also been aware of the harm caused by his or her action or failure to act, foreseen the harmful consequences of the offence and has desired them.

(3) A criminal offence shall be considered to have been committed with an indirect intent if the person has been aware of the harm caused by his or her act or failure to act, foreseen the harmful consequences of the offence and, although has not desired such consequences, has knowingly allowed them to result.

Section 10. Commission of a Criminal Offence Through Negligence

(1) A criminal offence shall be considered to be committed through negligence if the person has committed it through criminal self-reliance or criminal neglect.

(2) A criminal offence shall be considered to have been committed through criminal self-reliance if the person foresaw the possibility that the consequences of his or her act or failure to act would result and nevertheless carelessly relied on these being prevented.

(3) A criminal offence shall be considered to have been committed through criminal neglect if the person did not foresee the possibility that the consequences of his or her act or failure to act would result, although according to the actual circumstances of the offence he or she should have and could have foreseen the referred to harmful consequences.

(4) An offence provided for in this Law shall not be criminally punishable if the person did not foresee and should not and could not have foreseen the possibility that harmful consequences of his or her act or failure to act would result.

General Part

Chapter II
Criminal Offences

Section 12. Liability of a Natural Person in the Case of a Legal Person

A natural person who has committed a criminal offence acting in the interests of a legal person governed by private law, for the sake of the person or as a result of insufficient supervision or control thereof shall be held criminally liable, but the legal person may be applied the coercive measures provided for in this Law.

General Part

Chapter II
Criminal Offences

Section 17. Perpetrator of a Criminal Offence

A person, who himself or herself has directly committed a criminal offence or, in the commission of such, has employed another person who, in accordance with the provisions of this Law, may not be held criminally liable, shall be considered the perpetrator of a criminal offence.

General Part

Chapter II
Criminal Offences

Section 22. Previously Unpromised Concealment or Failure to Inform

(1) Previously unpromised concealment of a perpetrator or joint participants in a crime, or of instrumentalities or means for commission of a crime, trail of a crime or objects acquired by criminal means, or failure to inform about a crime are not joint participation, and criminal liability for such shall apply only in the cases provided for in this Law.

(2) The betrothed, spouse, parents, children, brothers and sisters, grandparents and grandchildren of a person who has committed a crime are not liable for previously unpromised concealment or failure to inform.

(3) In the cases set out in this Law other persons are also not liable for failure to inform.

General Part

Chapter V
Determination of Punishment

Section 53. Determination of Punishment for Preparation for a Crime and for an Attempted Crime

In determining punishment for preparation for a crime or for an attempted crime, a court shall take into account the nature of the acts committed by the offender and the harm caused by such, the degree of realisation of the criminal intent and the reasons why the crime has not been completed.

General Part

Chapter V
Determination of Punishment

Section 54. Determination of Punishment for a Criminal Offence Committed by Joint Participants

(1) In determining punishment for joint participants in a criminal offence, a court shall take into account the nature of the participation of each person and his or her role in the committed criminal offence.

(2) Aggravating or mitigating circumstances pertaining to an individual joint participant shall be taken into account by a court only in the determination of punishment for this joint participant.

Special Part

Chapter IX
Crimes against Humanity and Peace, War Crimes and Genocide

Section 71.1 Invitation to Genocide

For a person who commits public invitation to genocide, the applicable punishment is deprivation of liberty for a term not exceeding eight years.

Article 25
Individual criminal responsibility
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.