Mistake of law - national proceedings

Liechtenstein

Liechtenstein - Criminal Code 1987 (2021) EN

ยง 9

Mistake of law

1) Any person who does not recognize the wrongfulness of the act because of a mistake of law shall not be deemed to act culpably if such person cannot be blamed for the mistake.

2) The perpetrator shall be blamed for the mistake of law if the wrongfulness was as easily recognizable for the perpetrator as for anyone else or if the perpetrator did not acquaint himself with the relevant provisions, even though he would have been obliged to do so in light of his profession, occupation or other circumstances.

3) Where the perpetrator must be blamed for the mistake, the penalty provided for the intentional act shall be imposed if the perpetrator acts intentionally, and the penalty for the negligent act if the perpetrator acts negligently.

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.