Mistake of law - national proceedings

Finland

Finland - Criminal Code 1894 (2015) EN

Chapter 4 – Grounds for exemption from liability

Section 2 – Mistake as to the unlawfulness of the act

If the perpetrator errs in regarding his or her act as lawful, he or she is exempt from criminal liability if the mistake is to be deemed manifestly excusable due to the following factors :

(1) the defective or erroneous publication of the law,
(2) the particular obtuseness of the contents of the law,
(3) erroneous advice by an authority, or
(4) another reason comparable to these.

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.