FIRST VOLUME
General Provisions
SECOND CHAPTER
Essence of Criminal Responsibility
FIRST SECTION
Individuality of Criminal Responsibility, Malice and Negligence
Individuality of Criminal Responsibility
ARTICLE 20- (1) Criminal responsibility arises from a private wrong. No one can be kept responsible from another person’s act.
(2) No punitive sanctions may be imposed for the legal entities. However, the sanctions in the form of security precautions stipulated in the law for the offenses are reserved.
Malice
ARTICLE 21- (1) In order to consider an act as an offense, a crime has to be intended by the offender. Malice is an intention to cause harm being aware of the legal consequences of the crime defined in the laws.
(2) Execution of an act by a person being aware of its legal consequences defined in the law is considered as malice. In that case, the offender is sentenced to life imprisonment in offences which require heavy imprisonment and to imprisonment between twenty years and twenty-five years in the offenses which require life imprisonment; in other offenses the basic punishment is abated from one third to one half.
Negligence
ARTICLE 22- (1) Offenses occasioned by negligent act are punished as expressly defined in the laws.
(2) Negligence is failure to take proper care or precaution during performance of an act without being aware of legal consequences of the crime defined in the laws.
(3) Where an act of person creates the legal consequence defined in the laws beyond his will, this is considered as intentional negligence ; in such case the punishment imposed for negligent act is increased from one third to one half.
(4) The punishment to be given due to negligent offense is determined according to the fault of the offender.
(5) In negligent offenses committed by more than one person, each one is blamed of his own fault. The punishment is assessed individually according to the fault of each offender.
(6) No punishment is given if the legal consequence of the negligent offense exclusively results with injury of the offender either in person, rights or reputation in such a way not to require imposition of punishment; in case of intentional negligence, the punishment to be imposed may be abated from one half to one sixth.
Offences Aggravated As A Result Of Injurious Consequences
ARTICLE 23-(1) In order to keep a person responsible from an act which can be considered as matter of aggravation, or injurious consequence beyond the intended purpose, this person at least should have acted with negligence.
Criminal responsibility of legal persons
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