Mistake of law - national proceedings

Ethiopia

Ethiopia - Criminal Code 2005 EN

PART I

GENERAL PART

BOOK I

CRIMES AND CRIMINALS

TITLE III

CONDITIONS OF LIABILITY TO PUNISHMENT IN RESPECT OF CRIMES

CHAPTER II

CRIMINAL GUILT

Section II.- Lawful Acts, Justifiable Acts and Excuses

Sub-section II.- Justifiable Acts and Excuses

Article 81.- Mistake of Law and Ignorance of Law.

(1) Ignorance or mistake of law is no defence.

(2) The Court shall, without restriction, reduce the punishment (Art. 180) applicable to a person who in good faith believed he had a right to act and had definite and adequate reasons for holding this erroneous belief.
The Court shall determine the penalty taking into account the circumstances of the case and, in particular, the circumstances that led to the error.

(3) In exceptional cases of absolute and justifiable ignorance and good faith and where criminal intent is not apparent, the Court may impose no punishment .

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.