.
(4) Intoxication or other temporary mental disturbance induced by the perpetrator himself or herself is not taken into account in the assessment of criminal responsibility unless there are particularly weighty reasons for this.
(5) If, due to the mental condition of the person accused of an offence, the court
waives punishment, the court shall, unless this is obviously unnecessary, submit
for clarification the question of his or her need for treatment, as provided in section 21 of the Mental Health Act (1116/1990).
Section 5 – Imputability (515/2003)
(1) Intent or negligence are prerequisites for criminal liability.
(2) Unless otherwise provided, an act referred to in this Code is punishable only
as an intentional act.
(3) What is provided in subsection 2 applies also to an act referred to elsewhere in
law for which the statutory maximum sentence is imprisonment for more than six
months or on which the penal provision has been issued after this law entered
into force.
Section 6 – Intent (515/2003)
A perpetrator has intentionally caused the consequence described in the statutory definition if the causing of the consequence was the perpetrator’s purpose or
he or she had considered the consequence as a certain or quite probable result of
his or her actions. A consequence has also been intentionally caused if the perpetrator has considered it as certainly connected with the consequence that he or
she has aimed for.
Section 7 – Negligence (515/2003)
(1) The conduct of a person is negligent if he or she violates the duty to take care
called for in the circumstances and required of him or her, even though he or she
could have complied with it (negligence).
(2) Whether or not negligence is to be deemed gross (gross negligence) is decided
on the basis of an overall assessment. In the assessment, the significance of the
duty to take care, the importance of the interests endangered and the probability
of the violation, the deliberateness of the taking of the risk and other circumstances connected with the act and the perpetrator are taken into account.
(3) An act which is deemed to have occurred more through accident than through
negligence is not punishable.
Chapter 4 – Grounds for exemption from liability (515/2003)
Section 1 – Mistake as to the definitional elements of an offence
If at the time of the act that perpetrator was not aware of the existence of all
those factors required for the completion of the statutory definition of the offence,