Practice question · Select all that apply
Which are true of a mistake about a fact constituting the offence under Article 14.1?
Hints
- Three describe Article 14.1; one imports the rule from a different paragraph.
- Reduction by degrees belongs to the vincible mistake of prohibition.
Show the answer
- A. If the mistake was vincible, the act is punished as negligent where a negligent form exists
- C. A vincible mistake produces an acquittal where the offence has no negligent form
- D. If the mistake was invincible, criminal responsibility is excluded
Why
The fourth is the commonest error in this area. Article 14.1 does not reduce the intentional offence; it converts the case into a negligence case, and Article 12 then punishes negligence only where the Code expressly provides. Where no negligent form exists, a vincible mistake of type produces an acquittal on that charge and not a discount.
Practise The Subjective Side: Intent and Mistake
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