Mistake of law - national proceedings

Yemen

Republican Decree for Law No 12 for the Year 1994 Concerning Crimes and Penalties

Book ONE
General Provisions on Crimes and Punishments

Part One
Crimes

Chapter Five
Reasons for Rejecting the Characteristic of a Crime

Section Three
The Rejection of Material Ground and the Negation of Error

Error in Events and in Law

Article (37):
Intent is negated if the act constituting a crime occurred based on a mistake on an event that is considered one of the legal elements thereof or in such a situation that, if it arises, the act becomes lawful; yet this shall not prevent the punishment of the perpetrator thereof for any consequences to crimes that are committed unintentionally or any other crime committed.
Not knowing the provisions of this Law shall not be accepted as an argument, although unawareness is accepted by a rule set forth in another law, whenever it was raised on a matter that is considered an element in the crime.

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.