Personal Character of Criminal Liability


ARTICLE 20. - (1) Criminal Liability is strictly personal. No one is liable for acts of others.
(2) No criminal sanction can be executed against legal persons. However, sanctions as security measures foreseen by law relating to a crime are legally guaranteed.


Intention


ARTICLE 21. - (1) To establish crime intention is needed. Intention is the accomplishment of a crime being aware of and willing the constituting elements of the legal definition of the crime.
(2) A person who commits an act, deliberately foreseeing the realization of the legally constituting elements of the crime, is regarded doing this intentionally.
In this case an aggravated life sentence will be reduced to la ife sentence, a life sentence will be reduced to a sentence of 20 to 25 years. In case of other crimes the sentence will be reduced to one third of the main sentence.


Negligence


ARTICLE 22. - (1) Acts of negligence will be penalized in the cases clearly described by the law
(2) Negligence is the accomplishment of the result of a legally defined crime because of a lack of prudence and diligence without foreseeing this result.
(3) Even if the consequence foreseen by the person was not deliberate, in case of appearance of the result there is deliberate negligence, in this case the sentence will be elevated by one third till one half.
(4) The penalty imposed because of negligence will be determined by the fault of the person who committed it.
(5) When more than one person committed a crime by negligence, every person will each be liable for his own fault. The penalty of each person will be determined separately.
(6) If the result caused by an act of the person, solely regarding personal and family reasons, has victimized him in such way that a penalty is no longer required, there will be no penalty. The penalty will be reduced to one half or one sixth in case of willful negligence.


Aggravated crime because of the result

ARTICLE 23. - (1) If an act leads to a consequence which is different or graver than what was attempted, in order to hold the person liable for this, at least action by negligence is required.