Bosnia and Herzegovina

Criminal Code of Bosnia and Herzegovina

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.

Keywords

Mental element



EDIT.