The General Part
Title II
Offences
Chapter III
Causes that remove the criminality of acts
Error de facto
Art.33 – (1) An act provided in the criminal law shall not be an offence if the perpetrator, at time of perpetration, was unaware of the existence of a state, situation or circumstance on which the criminality of the act depends.
(2) A circumstance not known by the perpetrator at the time of perpetration shall not be an aggravating circumstance.
(3) Para.(1) and (2) shall apply also to acts committed by negligence that are punished by criminal law, only if the unawareness of the state, situation or circumstance concerned is not in itself the result of negligence.
Mistake of fact - national proceedings
EDIT.