Afghanistan

Penal Code

First Book
General Provisions

Section Two
CRIMES

Chapter two
Elements of Crimes

Part Two
Moral (contemplative) Element Criminal Intention and Mistake

First — Criminal Intention

Article 35

(1) Crime is considered intentional when the criminal intention is realized by its doer.

(2) Crime is also considered intentional in the following instances :

a. When a person is obliged by law or agreement to carry out a duty and he deliberately refuses to do it, such that his refusal directly results in the incidence of the crime.
b. When a person has already anticipated the criminal effects of his action and still he undertakes to perform the said action only to effect a crime.

Keywords

Mental element
Omission
Intent - national proceedings



EDIT.