Mistake of law - national proceedings

Serbia

Criminal Code

GENERAL PART

Chapter Three
CRIMINAL OFFENCE

1. General provisions on Criminal Offence

Mistake of Law
(Error Iuris)
Article 29

(1) An act shall not be considered a criminal offence if it was done out of a compelling mistake of law.

(2) A compelling mistake of law exists where the perpetrator was not required or could not be aware that his act was prohibited.

(3) punishment of a perpetrator who was unaware that an act was prohibited, but could have or should have known, may be 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.