Slovenia

Criminal Code of the Republic of Slovenia

GENERAL PART

Chapter Three

GENERAL PROVISIONS ON CRIMINAL OFFENCE

2. Guilt and Punishability of Perpetrators

Negligence
Article 26

(1) A criminal offence shall be committed through negligence if the perpetrator does not act with the required carefulness, with which he has to or is able to perform an act or omit to perform an act under the given circumstances and with respect to his personal attributes.

(2) A criminal offence shall not be committed with an intent but through negligence, when the perpetrator was aware that an unlawful consequence might result from his conduct but believed that it would not occur, and then the consequence occurs, because he was reckless and did not prevent it in due time.

(3) A criminal offence shall not be committed through negligence if the perpetrator despite the required carefulness causes the unlawful consequence, which could not have been expected or prevented.

Punishability of Negligence
Article 27

(1) The perpetrator shall be punished for the criminal offence committed through negligence only if the law so determines.

(2) None of the penal law provisions may be applied in the manner, in which the perpetrator, who commits a criminal offence through negligence, would not be punished with a less severe sentence than for the committing of an equal criminal offence with intent.

(3) The court may remit a sentence to the perpetrator, who committed a criminal offence through negligence, if the consequences of the act concern the perpetrator to the extent that the imposition of a sentence in such a case obviously would not be justifiable.

Keywords

Negligence



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