(2) A criminal offence shall not be committed with an intent but through
negligence, when the perpetrator was aware that an unlawful consequence might result
from his conduct but believed that it would not occur, and then the consequence occurs,
because he was reckless and did not prevent it in due time.
(3) A criminal offence shall not be committed through negligence if the
perpetrator despite the required carefulness causes the unlawful consequence, which
could not have been expected or prevented.
Punishability of Negligence
Article 27
(1) The perpetrator shall be punished for the criminal offence committed through
negligence only if the law so determines.
(2) None of the penal law provisions may be applied in the manner, in which the
perpetrator, who commits a criminal offence through negligence, would not be punished
with a less severe sentence than for the committing of an equal criminal offence with
intent.
(3) The court may remit a sentence to the perpetrator, who committed a criminal
offence through negligence, if the consequences of the act concern the perpetrator to
the extent that the imposition of a sentence in such a case obviously would not be
justifiable.
Liability for Graver Consequences
Article 28
If a graver consequence has resulted from the committing of a criminal offence,
for which there is a heavier sentence provided under the statute, such a sentence may
be imposed on the perpetrator on condition that he has acted negligently.
Responsibility
Article 29
(1) Any person who was not found responsible at the time of committing a
criminal offence shall not be guilty.
(2) The perpetrator, who at the time of committing a criminal offence was not
capable to understand the meaning of his act or to control his because of mental
disorder or mental underdevelopment, shall not be held responsible for his actions.
(3) A reduced sentence may be applied to the perpetrator, whose ability to
understand the meaning of his act or to control his conduct were substantially