Recklessness

Saint Lucia

Criminal Code

CHAPTER ONE
General Provisions

PART III
LIABILITY AND MENS REA

Causing an Event

Causing event by involuntary agent
52.— (1) Where a person intentionally, recklessly or negligently causes any involuntary agent to cause an event, that person shall be deemed to have caused the event.

CHAPTER ONE
General Provisions

PART III
LIABILITY AND MENS REA

Causing an Event

Several persons causing event
53.— (1) Where an event is caused by acts of several persons acting either jointly or independently, each of those persons who has intentionally, recklessly or negligently contributed to cause the event shall, subject to the provisions of Part IV of this Chapter, be deemed to have caused the event.

CHAPTER ONE
General Provisions

PART III
LIABILITY AND MENS REA

Negligence and Recklessness

Recklessly
60. A person causes an event recklessly if the act causing the event involves an obvious and serious risk of causing injury or damage and the person fails to give any thought to the possibility of there being any such risk or having recognized that there is some risk involved, he or she nonetheless goes on to take the risk.

Rome Statute

Article 25 Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this Statute.

2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;

(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or

(ii) Be made in the knowledge of the intention of the group to commit the crime;

(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;

(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.

4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.