Mistake
As a mistake of law or ignorance of law is referred to in the common law , the doctrine of mistake of law . As in continental European law, a distinction is made between avoidable ( vincible or conquerable ) and unavoidable ( invincible or unconquerable ) errors with regard to the legal consequences . An effective defense ( defense plea ) represents only the invincible mistake of law is.
English law distinguishes the mistake of law by the mistake of fact ( facts wrong ). The mistake of fact, i.e. a misconception about elements of the actus reus , leads in principle to impunity.
literature
- Volker Helmert: The definition of a criminal offense in Europe . Duncker & Humblot, Berlin 2011, B. The definition of criminal offenses in England, p. 108-110 and 125-126 .
- Nicola Padfield: Criminal law . 7th edition. Oxford University Press, Oxford 2010, ISBN 978-0-19-958204-4 , General Defenses-Mistake.
Web links
- Paul K. Ryu, Helen Silving:: Error Juris: A Comparative Study. The University of Chicago Law Review 1957, pp. 421–471 (English)
