Spans in 'Cape Verde - Penal Code' tagged with 'Mental element'

'Mental element' in document 'Cape Verde - Penal Code'

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More information about the keyword 'Mental element'
More information about the document 'Cape Verde - Penal Code'
The relevant provisions of implementing legislation: [1] [2] [3] [4]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER I - DEFINING CRITERIA OF PUNISHMENT

Article 11
(Subjective attribution)
Only a deed committed with wrongful intent or, in those cases expressly provided for in law, with negligence, shall be punishable.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER I - DEFINING CRITERIA OF PUNISHMENT

Article 13
(Wrongful intent)

1. Anyone who carries out a deed that corresponds to the description of a standard type of crime and does so with the intention of carrying it out shall be deemed to be acting with wrongful intent.

2. Anyone who carries out a deed that corresponds to the description of a standard type of crime, such deed being a necessary consequence of his actions, shall be deemed to be acting with wrongful intent.

3. When a deed that corresponds to the description of a standard type of crime is carried out as a possible consequence of the perpetrator's actions, wrongful intent shall be deemed to exist if the perpetrator's actions were consistent with the carrying out of that deed.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER II - CHARACTERISTICS OF A PUNISHABLE DEED

Article 26
(Provocation)
Anyone who, directly and with wrongful intent, causes someone else to perform a deed shall be punished as an author of that deed provided that the deed has begun to be carried out.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER II - CHARACTERISTICS OF A PUNISHABLE DEED

Article 27
(Complicity)
1. Anyone who, with wrongful intent and in circumstances not covered in the preceding articles, provides material or moral support, with acts carried out prior to or simultaneous with the carrying out of a wrongful deed by someone else, is an accomplice.

2.An accomplice shall be subject to the same penalties as an author, and they may be freely lessened in accordance with the terms and limits applicable to an attempted offence.

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.