Mistake of fact - national proceedings

Switzerland

Swiss Criminal Code 1937 (2017)

Book One: 4 General Provisions

Part One: Felonies and Misdemeanours Title One: Scope of Application

Title Two: Criminal Liability

Art. 13

1 If the person concerned acts under an erroneous belief as to the circumstances, the court shall judge the act according to the circum-stances as the offender believed them to be.

Rome Statute

Article 32 Mistake of fact or mistake of 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.