Mistake of law - national proceedings

Croatia

Croatia - Criminal Code 1997 (2008) EN

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER FOUR (iv) CULPABILITY

Article 46

(1) The perpetrator who, for justified reasons, does not know and could not have known that the offense is prohibited shall not be culpable.

(2) If the mistake is avoidable, the punishment may be mitigated.

(3) A mistake shall be deemed avoidable if anyone, and thus also the perpetrator, could have easily
grasped the unlawfulness of the conduct, or if the perpetrator was supposed to know the relevant regulation because of his profession, occupation or service.

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.