Mistake of law - national proceedings

Timor-Leste

Código Penal de Timor-Leste

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER I
GENERAL ASSUMPTIONS

Article 18. Error regarding unlawfulness

1. Lack of knowledge of the law does not exclude the unlawfulness of any conduct that violates it.

2. An error regarding unlawfulness, if unavoidable, excludes guilt.

3. A penalty may be considered extraordinarily mitigated when the error regarding unlawfulness is avoidable.

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.