Mistake of law - national proceedings

Montenegro

Montenegro - Criminal Code 2003 (2012) (EN)

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

1. General provisions on criminal Offences

Error of law

Article 19
(1) An act committed under an irreparable error of law shall not constitute a criminal offence.

An irreparable error of law exists where a perpetrator was not obliged to know and could not have known that the act he committed was prohibited.

Montenegro - Criminal Code 2003 (2018) (EN)

Article 19
(1) An act committed under an irreparable mistake of law shall not constitute a criminal offence.
(2) An irreparable mistake of law exists where a perpetrator was not obliged to know and could not have known that the act he committed is prohibited.
(3) Perpetrators who were not aware that the act was prohibited, but were obliged to know or could have known it was prohibited may receive a mitigated punishment.

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.