Spans in 'Ukraine - Criminal Code' tagged with 'Mental element'

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

Jump to:

More information about the keyword 'Mental element'
More information about the document 'Ukraine - Criminal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter V. GUILT AND ITS FORMS

Article 24. Intent and its forms

1. An intent may be direct or indirect.

2. The intent is direct where a person was conscious of the socially injurious nature of his/ her act (action or omission), anticipated its socially injurious consequences, and wished them.

3. The intent is indirect where a person was conscious of the socially injurious nature of his/ her act (action or omission), foresaw its socially injurious consequences, and anticipated, though did not wish them.

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.