Zabluda u krivičnom pravu Republike Srbije

Abstract

The paper presents the institution of mistake (error) in our criminal law, focusing on its legal regulation as a ground for exculpation. The fact that mistake is a psychological and legal concept whose meaning includes several substantial elements is acknowledged. The legal relevance of mistake contributes to its various treatment in legislation. Given that criminal law, as a branch of legislation, deeply engages with human rights, mistake becomes a crucial institution for excluding the guilt of a perpetrator. Depending on the type of mistake, and the legal and situational circumstances in which it is considered, two main categories can be recognized: mistake of fact (error facti) and mistake of law (error iuris). Their effect must be evaluated in the contest of a specific criminal case. This paper will elucidate the general term and types of mistakes, exploring their effects on the culpability of the perpetrator of the criminal act.