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 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.