Slovenia

Criminal Code of the Republic of Slovenia

GENERAL PART

Chapter Three
GENERAL PROVISIONS ON CRIMINAL OFFENCE

2. Guilt and Punishability of Perpetrators

Mistake of Fact

Article 30

(1) The perpetrator who, at the time of the committing of a criminal offence, was not aware of a statutory element of such an offence, shall not be held liable under criminal law.

(2) A criminal offence shall be deemed to be committed as a mistake of fact if the perpetrator at the time of committing of a criminal offence was not aware of a statutory element of the circumstances, or he erroneously believed that the circumstances were present which, if they were true, would justify his conduct.

(3) For a criminal offence committed out of negligence, the guilt of the perpetrator shall not be excluded if he was in error regarding the circumstances, which he should and could have been aware of within the limits of required carefulness.

Keywords

Mistake of fact - national proceedings



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