Chapter 4 – Grounds for exemption from liability

Section 1 – Mistake as to the definitional elements of an offence

If at the time of the act that perpetrator was not aware of the existence of all those factors required for the completion of the statutory definition of the offence, or if he or she errs regarding such a factor, the act is not intentional. Nonetheless, liability for a negligent offence may enter the question pursuant to the provisions on criminal liability for negligence.

Chapter 4 (515/2003)
Grounds for exemption from liability

Section 1 (515/2003)
Mistake as to the statutory definition of an offence

If, at the time of commission of an act, the perpetrator was not aware of the existence of all the factors required for the statutory definition of an offence to be met, or if he or she was mistaken regarding such a factor, the act is not intentional. Nonetheless, the person may be deemed liable for a negligent offence under the provisions concerning the punishability of negligence.