Swiss Criminal Code

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.