Spans in 'Estonia - Penal Code' tagged with 'Mistake of fact

'Mistake of fact - national proceedings' in document 'Estonia - Penal Code'

Jump to:

More information about the keyword 'Mistake of fact - national proceedings'
More information about the document 'Estonia - Penal Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 1
Necessary Elements of Offence

§ 17. Ignorance of circumstances which constitute necessary elements of offence

(1) A person who at the time of commission of an act is unaware that a circumstance which constitutes a necessary element of an offence is not deemed to have committed the act intentionally. In such case, the person shall be punished for an offence committed through negligence in the cases provided by law.

(2) A person who at the time of commission of an act erroneously assumes circumstances which would constitute the necessary elements of an offence for which a more lenient punishment is prescribed, shall be liable for an intentional offence the commission of which the person intended.

Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 2
Preclusion of Unlawfulness

§ 31. Error concerning circumstance which precludes unlawfulness

(1) An intentional act is not unlawful if at the time of commission of the act the person erroneously assumes circumstances which would preclude the unlawfulness of the act. In such case, the person shall be punished for an offence committed through negligence in the cases provided by law.

(2) A person who at the time of commission of an act is unaware of the circumstances which objectively preclude the unlawfulness of the act shall be held liable for an attempt. In such case, the court may apply the provisions of § 60 of this Code.