Estonia

The Penal Code

Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 1
Necessary Elements of Offence

ยง 17. Ignorance of circumstances which constitute necessary elements of offence

(1) A person who at the time of commission of an act is unaware that a circumstance which constitutes a necessary element of an offence is not deemed to have committed the act intentionally. In such case, the person shall be punished for an offence committed through negligence in the cases provided by law.

(2) A person who at the time of commission of an act erroneously assumes circumstances which would constitute the necessary elements of an offence for which a more lenient punishment is prescribed, shall be liable for an intentional offence the commission of which the person intended.

Keywords

Mistake of fact - national proceedings



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