Portugal

The Portuguese Penal Code General Part (Articles 1-130)

BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER I-BASES OF PUNISHABILITY

Article 16
Mistake about circumstances of the act

1- The Mistake about fact or law elements of a type of crime or about prohibitions the knowledge
of which is reasonably indispensable for the agent to become aware of the act unlawfulness excludes intent.

2- The rule established in the previous number applies to the mistake about a state of things that, if existing, would have excluded the unlawfulness of the fact or the agent’s fault.

3- Punishability is safeguarded in negligence general terms.

Keywords

Mistake of fact - national proceedings



EDIT.