(3) An offender who himself caused danger by negligence, or who has exceeded the limits of extreme necessity, may be punished more leniently, and if the exceeding was committed under especially alleviating circumstances – it is possible for the offender to be acquitted from sentence. (4) Extreme necessity does not exist if the offender was obliged to expose himself to danger. Criminal liability Article 11 (1) A offender, who is considered accountable and who has committed a premeditated crime or crime due to negligence and who was aware or was obliged and could have been aware for the prohibition of the activity, shall bear criminal liability. (2) The offender shall bear criminal liability for a crime committed out of negligence only when this is so determined by the law. Mental competence Article 12 (1) A offender, shall not be considered mentally competent, if when committing the crime he could not understand the significance of his act or could not control his actions due to permanent or temporary mental illness, temporary mental disorder or retarded mental development, or other especially severe mental impediments (mental incompetence). (2) The offender of a crime whose ability to understand the significance of his action and the ability to control his actions was significantly decreased as a result of the condition as referred to in paragraph 1, may be sentenced more leniently (significantly decreased mental competence). (3) Criminally liable shall be the offender of a crime who under the influence of alcohol, drugs or in any other manner shall reach a condition of incapability to understand the significance of his act or control his actions, in case if prior to such condition the act was premeditated or negligence was present in regard to the crime, while for such crime the law envisages criminal liability for negligence as well. Premeditation Article 13 Premeditated crime shall be considered when the offender is aware of his act and wanted its commission or when the offender was aware that due to its commission or noncommission harmful consequence may appear as a result and yet he approved its occurrence. 4/217