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

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

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

The General Part

Title II
Offences

Chapter III
Causes that remove the criminality of acts

Error de facto

Art.33 – (1) An act provided in the criminal law shall not be an offence if the perpetrator, at time of perpetration, was unaware of the existence of a state, situation or circumstance on which the criminality of the act depends.

(2) A circumstance not known by the perpetrator at the time of perpetration shall not be an aggravating circumstance.

(3) Para.(1) and (2) shall apply also to acts committed by negligence that are punished by criminal law, only if the unawareness of the state, situation or circumstance concerned is not in itself the result of negligence.