his acts or control his actions shall be determined based on the time immediately preceding such state. (4) A perpetrator who under the circumstances referred to in para. 3 hereof committed a criminal offence in the state of significantly reduced mental capacity may not receive a lighter punishment. Wrongful Intent Article 15 A criminal offence shall be considered to have been committed with wrongful intent when the perpetrator was aware of his act and desired its commission or when the perpetrator was aware that he could commit an act and decided to commit it. Negligence Article 16 A criminal offence shall be considered to have been committed by negligence when the perpetrator was aware that his action may result in an offence but carelessly assumed that it would not occur or that he could prevent it if it occurred, or when he was not aware that with his act he may commit an offence although given the circumstances under which the offence was committed and his personal capacity he should have been aware or could have been aware of this possibility. Liability for Severe Consequence Article 17 When a criminal offence resulted in a severe consequence for which law provides for a more severe punishment, the perpetrator may receive such more severe punishment where with respect to that consequence he acted with negligence, but also if he acted with wrongful intent provided that the act committed does not contain elements of another criminal offence. Error of Fact Article 18 (1) An act committed under an irreparable error of fact shall not constitute a criminal offence. (2) An irreparable error of fact exists where a perpetrator was not obliged to avoid and could not have avoided the error with respect to a factual circumstance