Mistake of law - national proceedings

Poland

The Penal Code

GENERAL PART

Chapter III.
Exclusion of penal liability

Article 30. Whoever commits a prohibited act while being justifiably unaware of its unlawfulness,
shall not commit an offence; if the mistake of the perpetrator is not justifiable, the court may apply an
extraordinary mitigation of the penalty.

Rome Statute

Article 32 Mistake of fact or mistake of law

2. A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.