GENERAL PART
CHAPTER TWO
THE OFFENCE
FIRST TITLE
FOUNDATIONS OF CRIMINAL LIABILITY
Section 16
Mistake of fact
(1) Whosoever at the time of the commission of the offence is unaware of a fact which is a statutory element of the offence shall be deemed to lack intention. Any liability for negligence remains unaffected.
(2) Whosoever at the time of commission of the offence mistakenly assumes the existence of facts which would satisfy the elements of a more lenient provision, may only be punished for the intentional commission of the offence under the more lenient provision.
Mistake of fact - national proceedings
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