Mistake of law - national proceedings

Papua New Guinea

Criminal Code Act 1974

SCHEDULE 1 – THE CRIMINAL CODE.

PART I. – INTRODUCTORY.

Division 5. – Criminal Responsibility.

23. IGNORANCE OF LAW, BONA FIDE CLAIM OF RIGHT.

(1) Subject to Subsection (2), ignorance of the law does not afford an excuse for an act or omission that would otherwise constitute an offence, unless knowledge of the law by the offender is expressly declared to be an element of the offence.

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.