'Mistake of fact - national proceedings' in document 'Spain - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE I
On felonies and misdemeanours

CHAPTER I
On felonies and misdemeanours

Article 14

1. An essential error related to the event constituting the offence shall preclude criminal accountability. If the error, considering the circumstances of the case and the personal ones of the principal, could have been overcome, the offence shall be punishable, in that event, due to negligence.

2. Error as to a fact that classifies the offence, or regarding an aggravating circumstance, shall prevent its appreciation.