Mistake of fact - national proceedings

Kosovo

Kosovo - Criminal Code 2019 EN

Article 25 Mistake of fact
1. A person is not criminally liable if, at the time of committing a criminal offense, he or she is unaware of a characteristic of that act or he or she mistakenly believed that circumstances existed which, had they in fact existed, would have rendered the act permissible.
2. If a person’s mistake is due to negligence, he or she is criminally liable for a criminal offense which has been negligently committed if the law specifically provides for criminal liability for the negligent commission of that offense.

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.