Chapter 4 – Grounds for exemption from liability

Section 3 – Mistake as to a ground for exemption from liability

If the act does not involve grounds referred to below in sections 4 through 6 which would exempt the perpetrator from liability, but such grounds would have been connected with the situation in which the act was committed as reasonably understood by the perpetrator, he or she may not be punished for an intentional offence. Nonetheless, liability for a negligent offence may enter the question pursuant to the provisions on criminal liability for negligence.

Article 31
Grounds for excluding criminal responsibility
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
3. At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.