Ignorantia facti
Ignorantia facti is the Latin term for a factual error , that is, the agent does not know essential parts of the facts that have the legal consequence.
In criminal law , the ignorantia facti leads to the exclusion of intent (in Germany: § 16 StGB ), unless the presented and the real facts are legally equivalent, then there is an insignificant error in persona vel obiecto (error regarding the person or the object ) in front. In the case of negligent ignorantia facti, criminal liability for negligence is possible.
Example: Anyone who thinks he is shooting a deer and in truth it is a human being is not guilty of manslaughter because he is acting without intent. However, criminal liability for negligent homicide is possible .
In contrast, a legal error, i.e. the ignorantia legis, does not lead to the exclusion of intent, but can excuse the perpetrator ( Section 17 of the Criminal Code).
