CRIMINAL CODE
PART I - General Provisions
TITLE II - Interpretation and General Explanations
The Standard Tests and the Keywords
8.-(1) The standard test of recklessness as to result is-
Did the person whose conduct is in issue foresee that his conduct might produce the result and, if so, was it unreasonable for him to take the risk of producing it?
(2) The standard test of recklessness as to circumstances is-
Did the person whose conduct is in issue realise that the circumstances might exist and, if so, was it unreasonable for him to take the risk of their existence?
(3) The appropriate key words are “reckless”, "recklessness” and “recklessly”.
(4) The question whether it was unreasonable for the person to take the risk is to be answered by an objective assessment of his conduct in the light of all relevant factors, but on the assumption that any judgment he may have formed of the degree of risk was correct.
CRIMINAL CODE
PART I - General Provisions
TITLE II - Interpretation and General Explanations
The Standard Tests and the Keywords
1. Whether the person 1. The fact that the result was a
charged with the offence natural and probable result
of such conduct.
(a) intended to produce a
particular result by his conduct;
(b) was reckless as to whether
his conduct would produce
a particular result;
(c) foresaw that his conduct
might produce a particular result.
2. Whether he knew a particular fact. 2. The presence of
circumstances leading to the
inference that a reasonable
man in his circumstances
would have known the fact
existed
3. Whether he was reckless as to 3. The presence of
whether particular circumstances circumstances leading to the
existed. inference that a reasonable
man in his situation
would have realised that the
circumstances might exist.
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.