GENERAL PART
VI – CHAPTER SIX
CULPABILITY
Mistake of fact
Article 37
(1) A perpetrator is not guilty of the criminal offence committed under an irreversible mistake of fact.
(2) Mistake of fact is irreversible if at the time of the perpetration of a criminal offence the perpetrator was not aware of one of its elements defined by law, or if he mistakenly believed that circumstances existed which, if they had actually existed, would render such conduct permissible.
(3) If the perpetrator’s mistake of fact resulted from his negligence, there shall exist a criminal offence perpetrated by negligence, provided that the criminal offence in question is punishable by law also when perpetrated by negligence.
Mistake of fact - national proceedings
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