Law 5110 Quiz: Individual Issues subjective and excessive self-defense
Document Summary
Part of guilt: positive prerequisite to establish guilt in negligence offences. Objective negligence is a reasonable or ordinary man standard: foresight must see the final result, where the elements of the offense must be known (but only the major ones): mistake of law ( 16, 17) D: 17 - errors about law are not excusable, unless they are unavoidable (case where court decided that offender has to have awareness that what he is doing is wrong and forbidden before punishment). The actor has to exert all his intellectual abilities and otherwise consult reliable specialists (e. g. lawyers) - high threshold, unless when new, still unclear legislation is introduced. 16 - if acted without intent on a mistake of fact, only negligence offense possible if his actions fulfill the elements of such a defense. It is enough that as a layman one can go with the normative evaluation of the underlying facts.
