Malta

Criminal Code

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title I
OF GENOCIDE, CRIMES AGAINST HUMANITY AND WAR CRIMES

54F. (2) Unless otherwise provided by -
(a) the articles mentioned in the definition in article 54A(1) of the crimes specified in subarticle (1)(a) to (c) of this article, or in any relevant Elements of Crimes referred to in article 54A(3), (b) article 54E,
a person is regarded as committing a crime referred to in subarticle (1) only if the material elements of the crime are committed with intent and knowledge.

(3) For this purpose -
(a) a person has intent -
(i) in relation to conduct, where he means to engage in the conduct, and
(ii) in relation to a consequence, where he means to cause the consequence or is aware that it will occur in the ordinary course of events, and
(b) "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.

(4) In interpreting and applying the provisions of this article (which corresponds to article 30 of the ICC Treaty) the court shall take into account any relevant judgment or decision of the ICC and may also take into account any other relevant international jurisprudence.

Keywords

Mental element



EDIT.