Mistake of law - national proceedings

Portugal

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

BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER I-BASES OF PUNISHABILITY

Article 17
Mistake about unlawfulness

1- A person acts without fault when he acts unaware of the unlawfulness of the act, if his mistake is not censurable.

2- If his mistake is censurable, the agent is punished with the sentence applicable to the respective intentional crime, which can be especially mitigated.

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.