Mistake of fact - national proceedings

Malaysia

Malaysia - Criminal Code 1976 (2006) EN

CHAPTER IV
GENERAL EXCEPTIONS

Act done by a person bound, or by mistake of fact believing himself bound, by law
76. Nothing is an offence which is done by a person who is, or who, by reason of a mistake of fact and not by reason of a mistake of law, in good faith believes himself to be, bound by law to do it.

CHAPTER IV
GENERAL EXCEPTIONS

Act done by a person justified, or by mistake of fact believing himself justified by law
79. Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be justified by law in doing it.

Rome Statute

Article 32 Mistake of fact or mistake of law

1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.