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.

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.

Article 30
Mental element
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.