Article 28. Mistake (Error) in Factual Circumstances

1. If the person intentionally committing a criminal offence thinks that there is an aggravating circumstance established by law in his/her act, however that circumstance is absent, the act shall be qualified as an attempt of a crime with an aggravating circumstance. If the person intentionally committing the criminal offence thinks that an aggravating circumstance established by the law is absent in his/her act, however such circumstance is present, the act shall be qualified as a crime without an aggravating circumstance.

6. If in addition to the consequences involved in the person’s intention, other consequences also occur, the person shall be subject to criminal liability for those consequences only in cases, when there is negligence involved to respect to them.

7. If the person does not realize the factual circumstances of his/her act, however could have realized those, the person shall be subject to criminal liability for committing the criminal offence negligently, if so provided by this Code.