CDL-REF(2021)022
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2. Limited sanity as a mitigating circumstance shall be taken into account when imposing a
punishment and may serve as a ground for imposing medical coercive measures together with
punishment.
Article 27.
Criminal liability of persons committed a criminal offence in the state of
drunkenness
1. A person having committed a criminal offence in the state of intoxication due to alcohol,
narcotic drugs or other soporific substances shall not be released from criminal liability.
2. The court may impose medical compulsory measures together with punishment on an
alcohol addict, drug or poison addict having committed a criminal offence, where a danger of
committing a new crime due to addiction thereof exists.
CHAPTER 5
GUILT
Article 28.
Forms of guilt
1. Guilt shall be manifested intentionally or negligently.
2. An act committed negligently shall be deemed to be a crime, where it is especially provided
for in the Special Part of this Code.
Article 29.
Intentional commission of a criminal offence
1. A criminal offence committed intentionally may be manifested in direct intention or indirect
intention.
2. A criminal offence shall be deemed to be committed with direct intention, where a person
has realised his or her action (inaction) as being dangerous to the public, has foreseen its
dangerous consequences for the public and has desired ensuing thereof.
3. A criminal offence shall be deemed to be committed with indirect intention, where a person
has realised his or her action (inaction) as being dangerous to the public, has foreseen the
possibility of occurrence of dangerous consequences for the public and did not desire those
consequences, but has knowingly allowed them to occur.
4. Where the statute does not connect criminal liability for completed crimes with occurrence
of certain consequences of a criminal offence, a criminal offence shall be deemed to be
intentionally committed, where a person committing it has realised his or her act as being
dangerous to the public and has desired to commit it.
5. A person shall be subject to criminal liability for aggravating circumstances of intentional
crime, where he or she has realised those circumstances.
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