Section 22.Intent
Intent exists when a person commits an act that fits the description of the offence in a penal provision
Intent exists even if the offender is unaware that the act is unlawful, see section 26.
Section 23.Negligence
Any person who acts in contravention of the requirement of due care in an area of life, and who17. Imprisonment may be held to blame in view of his or her personal circumstances, is negligent.
The negligence is gross if the act is highly reproachable and there are grounds for significant blame.
Section 24.Unintended consequence
An unintended consequence is part of the assessment of whether an offence is aggravated if the offender has acted negligently with regard to the consequence or failed to prevent the consequence according to ability after becoming aware that it might occur.
Section 25.Factual ignorance
All persons shall be judged based on their perception of the factual situation at the time of the act.
If the ignorance is negligent, the act is subject to a penalty when negligent violation of the law is punishable.
Ignorance as a result of self-induced intoxication is disregarded. In such cases the offender is judged as if he/she were sober. The same applies if the person was in a self-induced state of unaccountability.
Section 26.Ignorance of the law
Any person who at the time of the act is unaware that the act is unlawful due to ignorance of legal rules shall be penalised if the ignorance is negligent.
Chapter 4. Enterprise penalties
Section 27.Penalties for enterprises
When a penal provision is violated by a person who has acted on behalf of an enterprise, the enterprise is liable to punishment. This applies even if no single person meets the culpability or the accountability requirement, see section 20.
«Enterprise» means a company, co-operative society, association or other organisation, sole proprietorship, foundation, estate or public body.
The penalty is a fine. The enterprise may also be sentenced to lose the right to operate, or may be prohibited from operating in certain forms, see section 56, and be subject to confiscation, see chapter 13.
Section 28.Factors in determining whether a penalty shall be imposed on an enterprise:
In determining whether an enterprise shall be penalised pursuant to section 27, and in assessing the penalty, considerations shall include
Chapter 5. Overview of the criminal sanctions
Section 29.The penalties
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.