- 11 Article 30.
CDL-REF(2021)022
Commission of a criminal offence negligently
1. A criminal offence committed negligently may be manifested in self-confidence or
inadvertent negligence.
2. A criminal offence shall be deemed to be committed with self-confidence, where a person
has foreseen the possibility of occurrence of consequences of his or her action (inaction)
dangerous to the public, but without sufficient grounds has self-confidently hoped that they
would be prevented.
3. A criminal offence shall be deemed to be committed with inadvertent negligence, where a
person has not foreseen the possibility of occurrence of consequences of his or her action
(inaction) dangerous to the public, but in the situation concerned ought to have and could have
foreseen them.
Article 31.
Causing harm without guilt
1. An act shall be deemed to be committed without guilt, where a person has not realised and
could not realise in the situation concerned his or her action (inaction) as being dangerous to
the public or has not foreseen the possibility of occurrence of consequences dangerous to the
public and ought not to have or could not have foreseen them in the situation concerned.
2. An act shall be deemed to be committed without guilt also in cases when a person has
foreseen the possibility of occurrence of consequences of his or her action (inaction) as being
dangerous to the public, did not desire the occurrence thereof but, due to incompatibility of his
or her psychological and physiological characteristics with extreme conditions or neuropsychic
load, could not prevent the occurrence thereof.
Article 32.
Liability for crime with two forms of guilt
Where the statute provides for stricter liability for intentional crime negligently causing serious
consequences, a person shall be subject to liability for those consequences only in cases
when he or she has foreseen the possibility of occurrence of consequences of his or her action
(inaction) as being dangerous to the public but without sufficient grounds has self-confidently
hoped that they would be prevented or has not foreseen the possibility of occurrence of
consequences of his or her action (inaction) as being dangerous to the public, though ought
to have and could have foreseen them in the situation concerned. Such a criminal offence
shall be deemed to be committed intentionally.
CHAPTER 6
COMPLETED OR INCHOATE CRIMES
Article 33.
Completed and inchoate crimes
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