Recklessness

The former Yugoslav Republic of Macedonia

Macedonia - Criminal Code 1996 (2018) EN

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, Intent, Article 13''

A crime was committed with intent when the perpetrator was aware about his act and he wanted it to be committed; or when he was aware that because of his act or omission, there could be a damaging consequence, but he agreed for it to happen

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, Place of perpetration of a crime
Article 31''
(1) The crime was perpetrated both at the place where the perpetrator acted or
was obliged to act, as well as at the place where the consequence appeared.

''GENERAL PART, 3. PUNISHMENTS, Special base for acquittal from punishment
Article 43''

The court may acquit from punishment an perpetrator who committed a crime
from negligence, when the consequences of the crime strike the perpetrator so
hard that the pronouncing of the punishment in this case would not fit the
aim of the punishment.

''GENERAL PART, 3. PUNISHMENTS, Crime in continuation Article 45''

(3) Should the perpetrator’s conduct as provided in paragraph 1 and 2 above, result
in a total consequence corresponding to a consequence of a more serious crime,
the perpetrator shall be punished with the punishment prescribed for the latter.”

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.