Recklessness

Azerbaijan

Azerbaijan - Criminal Code (EN) 1999

General provision

SECTION II
CRIME

CHAPTER 5
FAULT

Article 24. Forms of fault

24.1. The person, who has committed a crime (action or inaction) only on deliberate or on imprudence grounds, shall be admitted as guilty.

24.2. Acts (action or inaction), committed on imprudence, shall be admitted as a crime only in cases when it is specially provided by appropriate article of the Especial part of the present Code.

General provision

SECTION II
CRIME

CHAPTER 5
FAULT

Article 26. Crime accomplished on imprudence

26.1. A crime accomplished on imprudence, shall be admitted acts (action or inaction), committed on criminal self-confidence or criminal negligence.

26.2. The crime shall be admitted as committed on criminal self-confidence, if the person expected an opportunity of approach of socially dangerous consequences of the acts (action or inaction), but without the sufficient grounds to that, expected prevention of these consequences.

26.3. The crime shall be admitted as committed on a criminal negligence, if the person did not expect an opportunity of approach of socially dangerous consequence of the acts (action or inaction) though at necessary attentiveness and foresight should and could expect these consequences.

Azerbaijan - Criminal Code 1999 (amend 2018) (EN)

''Section II. Crime Chapter 5. Fault Article 24.Forms of fault''

24.1. The person, who has committed a crime (action or inaction) only on deliberate or on imprudence grounds, shall be admitted as guilty.

24.2. Acts (action or inaction), committed on imprudence, shall be admitted as a crime only in cases when it is specially provided by appropriate article of the Special part of the present Code.

''Section II. Crime Chapter 5. Fault Article 26. Crime accomplished on imprudence''

26.1. A crime accomplished on imprudence, shall be admitted acts (action or inaction), committed on criminal self-confidence or criminal negligence.

''Section VIII. Crime against individual Chapter 18. Crime against life and health Article 124. Murder on imprudence''
124.1. The murder accomplished on imprudence—
shall be punishable by corrective works for the term up to two years or restraint
of freedom for the term up to three years (see) or imprisonment for the term up to
three years.
124.2. Murder on imprudence of two or more persons—shall be punishable by imprisonment for the term from two up to six years.

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.