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

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

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

1. General provisions on criminal Offences

Error of fact

Article 18
(1) An act committed under an irreparable error of fact shall not constitute a criminal offence.

(2) An irreparable error of fact exists where a perpetrator was not obliged to avoid and could not have avoided the error with respect to a factual circumstance regarded as an element of crime or with respect to a factual circumstance which, had it existed, would have made the act lawful.

(3) If the perpetrator acted under an error of law due to negligence, the act shall constitute a criminal offence committed by negligence where so provided by law.