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

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

Jump to:

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter Three
CRIMINAL OFFENCE

1. General provisions on Criminal Offence

Mistake of Fact
(Error Facti)
Article 28

(1) An act shall not be considered a criminal offence if it was done out of a compelling mistake of fact.

(2) A compelling mistake of law exists where the perpetrator was not required or could not avoid a mistake about particular circumstance, which is a statutory element of the criminal offence, or about particular circumstance, which, had it existed, would have rendered such act permissible.

(3) If the perpetrator’s mistake was due to negligence, he shall be guilty of criminal offence committed by negligence, if such offence is provided by law.