GENERAL PART

V C H A P T E R F I V E
CRIMINAL OFFENCE

Limitations in Culpability and Punishability of Collaborators
Article 32
(1) The accomplice shall be considered guilty within the limits set by his own intent or negligence, and the inciter and the accessory within the limits of their own intent.
(2) The court shall refrain from imposing a punishment on an accomplice, inciter or accessory that has voluntarily prevented perpetration of the criminal offence.
(3) The personal relations, characteristics and circumstances to which the law attaches the exclusion of culpability, or by reason of which it permits or provides for the remission of punishment or its mitigation may be taken into consideration only if they are inherent to such perpetrators, accomplices, inciters or accessories.

VI – CHAPTER SIX
CULPABILITY

Existence of Guilt
Article 33

(1) Guilt exists if a perpetrator was mentally capable at the time of the commission of a criminal offence and acted with intent.
(2) Guilt with regard to a criminal offence also exists if the perpetrator acted out of negligence, where the law so prescribes explicitly.

GENERAL PART

VI – CHAPTER SIX
CULPABILITY

Intent
Article 35

(1) A criminal offence may be perpetrated with direct or indirect intent.
(2) The perpetrator acts with direct intent when a perpetrator was aware of his deed but still desired its perpetration.
(3) The perpetrator acts with indirect intent when a perpetrator was aware that a prohibited consequence might have resulted from his action or omission to act but nevertheless consented to its occurrence.

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.