Mistake of law - national proceedings

Bosnia and Herzegovina

Bosnia and Herzegovina- Criminal Code 2003 (2018) EN

Chapter 6 Criminal Responsibility

Article 37

Mistake of fact

(2) The mistake of fact shall be considered irreparable if the perpetrator, at the time of the perpetration of the criminal offence, was not aware of a legally prescribed element of the criminal offence or wrongly believed that there existed circumstances which, if they truly existed, would have made his conduct permissible.

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.