Practice question · True or false
Under Article 14.3, an insurmountable mistake about the unlawfulness of the act reduces the penalty by one or two degrees.
Hints
- Ask what an invincible mistake does, as against a defeatable one.
- The reduction belongs to the mistake that could have been overcome.
Show the answer
False
Why
False, and the two halves of the paragraph are the other way round. An invincible mistake about unlawfulness excludes criminal responsibility altogether; it is the vincible mistake that leads to a reduction by one or two degrees. Swapping them converts a full acquittal into a discount.
Practise Justification and Personal Imputation
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More questions on Justification and Personal Imputation
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