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Swiss Criminal Code

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 21 December 1937 (Status as of 1 January 2022)

Art. 13

Er­ror of fact

 

1 If the per­son con­cerned acts un­der an er­ro­neous be­lief as to the cir­cum­stances, the court shall judge the act ac­cord­ing to the cir­cum­stances as the of­fend­er be­lieved them to be.

2 If the per­son con­cerned could have avoided the er­ror had he ex­er­cised due care, he shall be li­able to pro­sec­u­tion for his neg­li­gent act provided the neg­li­gent com­mis­sion of the act is an of­fence.