Mistake of law - national proceedings

Czech Republic

Czech republic - Criminal Code 2010 (2011) EN

PART ONE GENERAL
CHAPTER II CRIMINAL LIABILITY
Division 2 Culpability

Section 19 Error in Law
(1) Whoever is unaware of illegality of his/her conduct during commission of such act, does not act culpably, provided that he/she could not have avoided the error.
(2) The error could have been avoided if the duty to acquaint with the relevant legal regulation resulted for the offender from the law or another legal regulation, administrative decision or a contract, from their employment, occupation, position or function, or if the offender could identify the act as illegal without any apparent difficulties.

Czech republic - Criminal Procedure Code 1961 (2012) EN

PART ONE
GENERAL PART

CHAPTER II
CRIMINAL LIABILITY

Division 2
Culpability

Section 19 Error in Law
(1) Whoever is unaware of illegality of his/her conduct during commission of such act, does not act culpably, provided that he/she could not have avoided the error.
(2) The error could have been avoided if the duty to acquaint with the relevant legal regulation resulted for the offender from the law or another legal regulation, administrative decision or a contract, from their employment, occupation, position or function, or if the offender could identify the act as illegal without any apparent difficulties.

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.