10.5937/zrpfns48-5749 = Specific questions of mistake of fact and mistake of law in criminal law

Abstract

The subject of this paper is the systematic presentation between mistake of fact and mistake of law as criminal law institutes which through the influence on perpetrators consciousness about the statutory elements and existence of facts that exclude illegality in case of mistake of fact and forbideness of act in case of mistake of law, influence on decision whether to punish such a perpetrator. The author first relates on relations between error and insanity, after that turns to defining mistake of fact and its types as well as its impact on culpability of the offender. Then he analyze the mistake of law and in its phenomenon in modern life in light of its justification. At the end, there is a conclusion that both of the mistakes are needed and legitimate in modern criminal law, as is their different treatment and impact.