Mistake of law - national proceedings

Samoa

Crimes Act 2013

PART III
MATTERS OF JUSTIFICATION OR EXCUSE

15. Ignorance of the law -

No person is excused from criminal liability by reason of the fact that he or she was unaware that the act or omission constituted the offence with which the person is charged was contrary to law.

International Criminal Court Act 2007, No.26

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

9. Defences to offences under sections 5, 6 or 7 -

(1) A person charged with an offence under section 5, 6 or 7 may rely on any defence, excuse or justification available to the person under the law of Samoa or under international law, including but not limited to the defences under Articles 31 and 32 of the Statute.

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.