GENERAL PART
Chapter III.
Exclusion of penal liability
Article 28. § 1. Whoever commits an act while being in error as to a circumstance constituting a
feature of an prohibited act, shall not intentionally commit an offence.
§ 2. Whoever commits an offence in the justified but mistaken conviction that a circumstance has occurred, which constitutes a feature of a prohibited act carrying a less severe penalty, shall be subject to criminal liability under the provision regarding the circumstance warranting this lesser liability.
GENERAL PART
Chapter III.
Exclusion of penal liability
Article 29. Whoever commits a prohibited act in the justified but mistaken conviction that a
circumstance has occurred which excludes unlawfulness or guilt, shall not commit an offence; if the
mistake of the perpetrator is not justifiable, the court may apply extraordinary mitigation of the penalty.
1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.