'Mental element' in document 'Poland - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter I
Principles of penal liability

Article 8. A crime may be committed only with intent ; the misdemeanour may also be
committed without intent, if the law so stipulates.

Article 9. § 1. A prohibited act is committed with intent when the perpetrator has the will to
commit it, that is when he is willing to commit or foreseeing the possibility of perpetrating it, he accepts
it.

§ 2. A prohibited act is committed without intent when the perpetrator not having the intent to
commit it, nevertheless does so because he is not careful in the manner required under the
circumstances, although he should or could have foreseen the possibility of committing the prohibited act.

§ 3. The perpetrator shall be liable to a more severe liability which the law makes contingent on a
certain consequence of a prohibited act, if he has and could have foreseen such a consequence.

RELEVANT ROME STATUTE PROVISIONS

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.