Mistake of fact - national proceedings

Montenegro

Montenegro - Criminal Code 2003 (2018) (EN)

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

1. General provisions on criminal Offences

Error of fact

Article 18
(1) An act committed under an irreparable error of fact shall not constitute a criminal offence.

(2) An irreparable error of fact exists where a perpetrator was not obliged to avoid and could not have avoided the error with respect to a factual circumstance regarded as an element of crime or with respect to a factual circumstance which, had it existed, would have made the act lawful.

(3) If the perpetrator acted under an error of law due to negligence, the act shall constitute a criminal offence committed by negligence where so provided by law.

Rome Statute

Article 32 Mistake of fact or mistake of law

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