Mistake of law - national proceedings

The former Yugoslav Republic of Macedonia

Macedonia - Criminal Code 1996 (2009) EN

GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.1. General provisions on crime and criminal responsibility

Mistake of law

Article 17

(1) The perpetrator of a crime is not criminally responsible for an act if for justified reasons he did not know and he could not have known that this act is prohibited.

(2) If the offender could have known that this act is prohibited, he may be punished more leniently.

Macedonia - Criminal Code 1996 (2018) EN

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, Mistake of law
Article 17''

(1) The perpetrator of a crime is not criminally responsible for an act if for
justified reasons he did not know and he could not have known that this act is
prohibited.
(2) If the perpetrator could have known that this act is prohibited, he may
be punished more leniently.

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.