'Mistake of fact - national proceedings' in document 'Cape Verde - Penal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER I - DEFINING CRITERIA OF PUNISHMENT

Article 15
(Error as to de facto circumstances)

1. An error with respect to descriptive or regulatory elements of a standard type of crime, or with respect to the de facto defining criteria of the grounds justifying the deed rules out wrongful intent.

2. An error with respect to a de facto element that characterizes an offence or with respect to an aggravating circumstance has the effect of rendering such characterization or circumstance irrelevant.

3. Where the requirements indicated in the preceding article are met, the possibility of punishment for negligence still exists.