Spans in 'Canada: CAH and WC Act' tagged with 'Mistake of law'

'Mistake of law' in document 'Canada: CAH and WC Act'

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More information about the keyword 'Mistake of law'
More information about the document 'Canada: CAH and WC Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Crimes Against Humanity and War Crimes Act 2000

14 (3) An accused cannot base their defence under subsection (1) on a belief that an order was lawful if the belief was based on information about a civilian population or an identifiable group of persons that encouraged, was likely to encourage or attempted to justify the commission of inhumane acts or omissions against the population or group.

RELEVANT ROME STATUTE PROVISIONS

Article 32
2. A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.