Svenja Schwartz

In German law, mistakes of fact have the effect of excluding intent (Sec. 16 I German Criminal Code, StGB). Thus, if a perpetrator was unaware of a relevant factual circumstance – regardless of whether or not the lack of aware­ness was their own fault – intent cannot be established. This can be unsatisfactory from a criminal policy per­spec­tive. In contrast, in the Anglo-American world… more