PENAL CODE of the Democratic Republic of Timor Leste TITLE II ON CRIME CHAPTER I GENERAL ASSUMPTIONS Article 11. Commission by action and omission 1. Whenever a legal definition of a crime includes a certain result, the act comprises not only the specific action required to produce it, but the omission of any specific action that would avoid it as well, unless when intention of the law is otherwise. 2. A result caused by omission is only punishable when the perpetrator thereof is under a legal duty that personally obliges the perpetrator to avoid said result. 3. In the case described above, punishment may be extraordinarily mitigated. Article 12. Criminal liability 1. Only individuals are held criminally liable for offenses described in this Code and this is non-transferable. 2. Corporate entities are criminally liable only for offences provided in this Code or in specific legislation whenever and as expressly established in law. Article 13. Liability for action on behalf of another party Any person who acts as the head of a corporate entity, even by mere de-facto association, or as a representative of another party, is punishable even if the conditions, description or relationships provided in the respective definition of a crime are not found in said person but rather in the person he or she represents. Article 14. Intent and Negligence Only acts committed with intent, or, in cases specifically prescribed in law, with negligence, are punishable. Article 15. Definitions of Intent 1. Any person who commits an act with the intention to do so, and said act is defined as a crime, acts with intent. 2. Furthermore, any person who commits an act that constitutes a defined crime as the necessary consequence of his or her conduct, acts with intent. 3. Whenever an act that constitutes a defined crime is committed as a possible consequence of the conduct of a perpetrator, and the perpetrator acts while accepting said possibility, he or she acts with intent. Article 16. Definitions of Negligence 1. Any person who fails to proceed with caution to which, according to the circumstances, the same is obliged and capable of proceeding, acts with negligence, if the perpetrator: a) acts in such a manner that commission of a defined crime is a possibility, yet acts without accepting said result; or b) Does not even realize the possibility of committing said act. 2. The type of negligence referred to in the preceding subarticle shall take on the form of gross negligence whenever circumstances reveal that the perpetrator acted with levity or temerity and failed to observe elementary duties of prudence required in such a case. 10