PART ONE GENERAL
CHAPTER II CRIMINAL LIABILITY
Division 2 Culpability

Section 18 Error in Fact
(1) Whoever does not know nor presume in the course of commission of an act a factual circumstance, which is a characteristic of a criminal offence, to be possible, does not act intentionally; this does not affect liability for a criminal offence committed out of negligence.
(2) Whoever erroneously presumes, in the course of commission of an act, factual circumstances that would fulfil statutory characteristics of a less serious intentional criminal act, shall be sentenced only for this less serious offence, unless it is a criminal act committed out of negligence.
(3) Whoever erroneously presumes, in the course of commission of a criminal offence, factual circumstances that would fulfil statutory characteristics of a more serious intentional criminal offence, shall be sentenced for an attempt of this more serious criminal offence.
(4) Whoever erroneously presumes, in the course of commission of a criminal offence, factual circumstances precluding its criminality does not act intentionally; this does not affect liability for a criminal offence committed out of negligence.

PART ONE
GENERAL PART

CHAPTER II
CRIMINAL LIABILITY

Division 2
Culpability

Section 18 Error in Fact
(1) Whoever does not know nor presume in the course of commission of an act a factual circumstance, which is a characteristic of a criminal offence, to be possible, does not act intentionally; this does not affect liability for a criminal offence committed out of negligence.
(2) Whoever erroneously presumes, in the course of commission of an act, factual circumstances that would fulfil statutory characteristics of a less serious intentional criminal act, shall be sentenced only for this less serious offence, unless it is a criminal act committed out of negligence.
(3) Whoever erroneously presumes, in the course of commission of a criminal offence, factual circumstances that would fulfil statutory characteristics of a more serious intentional criminal offence, shall be sentenced for an attempt of this more serious criminal offence.
(4) Whoever erroneously presumes, in the course of commission of a criminal offence, factual circumstances precluding its criminality does not act intentionally; this does not affect liability for a criminal offence committed out of negligence.