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.
1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.