Примеры использования Mistake of law на Английском языке и их переводы на Русский язык
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Mistake of law.
Mistake of law may not be cited as a ground for exemption from criminal responsibility.
Xi Mistake of fact or mistake of law art. 32.
However, a[reasonable] mistake of law may be a ground for excluding criminal responsibility if it negates the mental element required by such crime.
Elements of Crimes andmistake of fact or mistake of law addressed in article 32.
A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility.
If he could have avoided his mistake of law, the punishment may be reduced.
A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.
Some delegations held the view that mistake of law should not be permitted as a defence.
Mistake of law as to whether a particular type of conduct is a crime under this Statute, or whether a crime is within the jurisdiction of the Court, is not a ground for excluding criminal responsibility.
The view was expressed that it was not necessary to refer to mistake of law or fact as it was, to a large extent, a question of common sense.
Mistake of law may not be cited as a ground for excluding criminal responsibility[, except where specifically provided for in this Statute]. Some delegations felt that paragraph 2 of option 2 still left some ambiguity, and an alternative approach could read as follows.
The recommendations are reasoned, the facts have been documented, there is no misrepresentation of fact,there is no mistake of law and that there is no prejudice or improper motive.
The record indicates the existence of a mistake of fact, a mistake of law or procedure, prejudice or improper motive that could have prevented a full and fair consideration of the requisite qualification and experience of the candidates.
However, as was pointed out in footnote 5,some delegations had not considered that a mistake of fact or a mistake of law could be grounds for excluding criminal responsibility.
The participants considered the issues of"mistake of fact" and"mistake of law", and in particular the distinction between"ignorance of the law"(as to whether particular conduct constitutes a crime within the Statute) and mistake of law negating a mental element.
Some of these questions, as we discovered in drafting the Elements,raise excruciatingly difficult issues of mistake of fact and mistake of law which, one day, may also need to be faced in respect of the crime of aggression.
A mistake of law or a mistake of fact shall be a defence if it negates the mental element required by the crime charged provided that said mistake is not inconsistent with the nature of the crime or its elements, and provided that the circumstances he reasonably believed to be true would have been lawful.
The grounds for the remedy's use include: if the allegations or objections that impact the merits are not dealt with; if there are contradictory elements;if there is a mistake of law or a procedural irregularity; or for fraud or forgery that impact the merits.
They also consider whether the record indicates the existence of a mistake of fact, a mistake of law or procedure, prejudice or improper motive that could have prevented a full and fair consideration of the requisite qualifications and experience of the candidates.
Request from the Governments of Belgium, Finland, Hungary, Mexico, the Republic of Korea, South Africa and the Permanent Observer Mission of Switzerland to the United Nations regarding the text prepared by the International Committee of the Red Cross on the mental element in the common law and civil law systems andon the concepts of mistake of fact and mistake of law in both national and international law. .
In its Ruling No. 9-P of 20 April 2010, the Constitutional Court indicated that a judge could not be disciplined by premature termination of appointment for committing a mistake of law if he or she was acting within the limits of judicial appreciation and committed no gross error in applying substantive or procedural law that would render his or her continuing exercise of judicial authority untenable.
The central review bodies will continue to perform a key monitoring role by ensuring that the proposals made by departments or offices are reasoned and objectively justifiable on the basis of thepre-approved evaluation criteria and by reviewing the record to determine whether it indicates the existence of a mistake of fact, a mistake of law or procedure, prejudice or improper motive that could have prevented a full and fair consideration of the requisite qualifications and experience of the candidates.
For its part, article 32,which deals with mistakes of fact or mistakes of law as grounds for excluding criminal responsibility, has to do with the subjective element to be examined during the trial, not with the material or objective element that determines jurisdiction.
Mistake of fact or law.
Mistake of fact or of law.
Mistake of fact or of law. 56.
Article K. Mistake of fact[or law]. 95.
Avoidable mistake of act or of law may be considered in mitigation of punishment.