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.

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.