Article 19. Guilt

1. A person shall be subject to criminal liability only for those publicly dangerous acts (or a failure to act), and those publicly dangerous consequences emerged, with regard to which his guilt was established.

2. Objective incrimination, that is, criminal liability for the non-guilty causation of damage, shall not be allowed.

3. Only a person who committed a given act deliberately or by negligence shall be recognised as guilty in a given crime.

4. An act which was committed by negligence shall be recognised as a crime only in the case in which it is specially stipulated by the relevant article of the Special Part of the Code.

Article 20. A Crime Committed Deliberately

1. A crime which was committed with direct or indirect intent shall be considered a deliberate crime.

2. A crime shall be recognised as an act committed with direct criminal intent, if a person was aware of public danger of his acts (omission of acts), foresaw a possibility or inevitability of publicly dangerous consequences, and disregarded their emergence.

3. A crime shall be recognised as an act committed with indirect intent, if a person was aware of the public danger of his acts (omission of acts), foresaw a possibility of the emergence of publicly dangerous consequences, did not desire but consciously admitted the possible emergence of such circumstances, or had an indifferent attitude towards them.

Article 21. A Crime Committed by Negligence

1. An act committed due to willful disregard of danger or neglect shall be recognised as a crime of negligence.

2. A crime shall be recognised as committed due to willful disregard of danger to others, if a person foresaw a possibility of the emergence of publicly dangerous consequences of his acts (omission of acts), but, without sufficient basis, light-mindedly counted on the prevention of those consequences.

3. A crime shall be recognised as an act committed by neglect, if a person did not foresee a possibility of the emergence of publicly dangerous consequences of his acts (omission of acts), though, with due care and forethought, must have and could have foreseen those consequences.

Article 22. Liability for Crimes Committed with Two Forms of Guilt

If, as a result of the commission of a deliberate crime, serious consequences are caused which entail a stricter punishment under the law, and which were not designed by the intent of a given person, then criminal liability for such consequences shall arise only in the case in which a person foresaw the possibility of their emergence, but, without the sufficient bases, presumingly counted on their prevention, or in the case in which a person did not foresee, but must have and could have foreseen a possibility of the emergence of those consequences. In general such a crime shall be considered to have been committed deliberately.

Date: 2014-12-21; view: 764