GENERAL PART
Chapter Three
CRIMINAL OFFENCE
1. General provisions on Criminal Offence
Mistake of Fact
(Error Facti)
Article 28
(1) An act shall not be considered a criminal offence if it was done out of a compelling mistake of fact.
(2) A compelling mistake of law exists where the perpetrator was not required or could not avoid a mistake about particular circumstance, which is a statutory element of the criminal offence, or about particular circumstance, which, had it existed, would have rendered such act permissible.
(3) If the perpetrator’s mistake was due to negligence, he shall be guilty of criminal offence committed by negligence, if such offence is provided by law.
1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.