Spans in 'Turkey - Criminal Code (ENG)' tagged with 'Mistake of law

'Mistake of law - national proceedings' in document 'Turkey - Criminal Code (ENG)'

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More information about the document 'Turkey - Criminal Code (ENG)'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

FIRST VOLUME
General Provisions

FIRST CHAPTER
Basic Principles, Definitions and Field Of Application

FIRST SECTION
Basic Principles and Definitions

Binding nature of the Law

ARTICLE 4- (1) Ignorance of the criminal laws may not be an excuse.

(2) However, a person who commits an offence through an inevitable mistake due to his ignorance of the law may not be kept criminally responsible from such offence.

FIRST VOLUME
General Provisions

SECOND CHAPTER
Essence of Criminal Responsibility

SECOND SECTION
Excusatory and Mitigating Causes

Mistake

ARTICLE 30-(1) A person executing an act without knowing factual means of offense defined in the law is not considered to have acted intentionally. The state of negligent responsibility is reserved due to such mistake.

(2) A person who is mistaken about the factual qualifications of an offense which require heavier or less punishment may take advantage of this mistake.

(3) A person who inevitably makes mistake about existence of conditions eliminating or diminishing criminal responsibility may take advantage of this mistake.