Mistake of Law

Mistake of Law in Europe

Mistake of Law in Germany

Provisions relating to mistake of law in the German Criminal Code [1]: This criminal issue is covered by Chapter Two the Offenceunder the First Title, Foundations of Criminal Liability,” located in Section 17 Mistake of law, which reads: If at the time of the commission of the offence the offender lacks the awareness that he is acting unlawfully, he shall be deemed to have acted without guilt if the mistake was unavoidable. If the mistake was avoidable, the sentence may be mitigated pursuant to section 49 (1).

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Notes

  1. The content of the translated German penal code in relation to mistake of law is current as of 2010

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