Mistake of law - 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. 21

Any person who is not and cannot be aware that, by carrying out an act, he is acting unlawfully, does not commit an offence. If the error was avoidable, the court shall reduce the sentence.

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.