Spans in 'Croatia - Criminal Code' tagged with 'Mistake of fact

'Mistake of fact - national proceedings' in document 'Croatia - Criminal Code'

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More information about the keyword 'Mistake of fact - national proceedings'
More information about the document 'Croatia - Criminal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER FOUR (iv) CULPABILITY

Article 47

(1) A perpetrator does not act intentionally if at the time of the perpetration of a criminal offense he is not aware of one of its material elements.

(2) If the perpetrator’s mistake regarding the material elements of the criminal offense is due to his negligence, he shall be culpable insofar as the statute prescribes punishment for such an offense also when committed by negligence.

(3) The perpetrator shall not be punished for intent if at the time of the perpetration of a criminal offense he mistakenly assumed that the circumstances existed, which, had they actually existed, would have rendered his conduct lawful.

(4) If the perpetrator is mistaken as to the claim of legal justification out of negligence, he shall be punished for the perpetration of a criminal offense, provided that the statute prescribes punishment for such an offense also when committed by negligence.