comprehending the significance of his acts or controlling his conduct due to a permanent or temporary mental disease, temporary mental disorder or retardation (mental incapacity). (2) If the capacity of the perpetrator to comprehend the significance of his act, and his ability to control his conduct was considerably diminished due to any of the mental conditions referred to in paragraph 1 of this Article, he may be punished less severely (considerably diminished mental capacity). (3) The perpetrator shall be considered criminally responsible if, by consuming alcohol or narcotic drugs or otherwise, he brought himself into such a state of not being capable to comprehend the significance of his actions or controlling his conduct, and if prior to bringing himself into such a condition, the act was intended by him, or there was negligence on his part in relation to the criminal offence in cases where criminal responsibility is prescribed by law for such an offence even if perpetrated out of negligence (voluntary intoxication). (4) The state of considerably diminished mental capacity to which the perpetrator has brought himself in the way provided referred to in paragraph 3 of this Article may not constitute grounds for the mitigation of punishment. Article 37 Intent (1) A criminal offence may be perpetrated with direct or indirect intent. (2) The perpetrator acts with direct intent when a perpetrator was aware of his deed and desired its perpetration. (3) The perpetrator acts with indirect intent when a perpetrator was aware that a prohibited consequence might have resulted from his action or omission to act but nevertheless consented to its occurrence. Article 38 Negligence (1) A criminal offence may be perpetrated by advertent or inadvertent negligence. (2) The perpetrator acts with advertent negligence when he was aware that a prohibited consequence might have occurred as a result of his action or omission to act, but carelessly assumed that it would not occur or that he would be able to avert it. (3) The perpetrator acts with inadvertent negligence when he was unaware of the possibility that a prohibited consequence might have occurred, although, under the circumstances and according to his personal characteristics, he should and could have been aware of such possibility. Article 39 Mistake of Fact (1) A person is not criminally responsible if at the time of the perpetration of a criminal offence, he was not aware of one of its elements defined by law, or if he has mistakenly believed that circumstances existed which, if they had actually existed, would render such conduct permissible. (2) If the person's mistake resulted from his negligence, he shall be criminally responsible for the criminal offence perpetrated out of negligence, provided that the criminal offence in question is punished by law when perpetrated out of negligence. Article 40 Mistake of Law A perpetrator of a criminal offence, who had justifiable reason for not knowing that his conduct was prohibited, may be punished less severely or released from punishment. 11