regarded as an element of crime or with respect to a factual circumstance which, had it
existed, would have made the act lawful.
(3) If the perpetrator acted under an error of law due to negligence, the act shall
constitute a criminal offence committed by negligence where so provided by law.
Error of Law
Article 19
(1) An act committed under an irreparable error of law shall not constitute a
criminal offence.
(2) An irreparable error of law exists where a perpetrator was not obliged to know
and could not have known that the act he committed was prohibited.
(3) Where a perpetrator was not aware that the act was prohibited but was obliged
to know or could have known it was prohibited, he may receive a lighter punishment.
2. Attempted Criminal Offence and Voluntary Abandonment
Attempt
Article 20
(1) Anyone who commences the commission of a criminal offence with wrongful
intent but does not complete it shall be punished for attempted criminal offence
punishable under law by a prison term of five years or longer, whereas other attempted
criminal offences shall only be punishable where it is explicitly provided for by law that
the punishment also applies to an attempt.
(2) Also considered to be the commencement of a crime is the use of a specific
tool or the application of a specific method of commission provided that they are defined
by law as elements of the crime.
(3) A perpetrator shall be punished for an attempt by the punishment laid down
for the criminal offence, but may also receive a lighter punishment.
Inappropriate Attempt
Article 21
Where a perpetrator attempted to commit a criminal offence with an
inappropriate tool or against an inappropriate object punishment may be remitted.
Voluntary Abandonment