§ 2.The mistake of law in light of the Portuguese context
As a rule, the ignorance of the law does not exclude punishment (ignorantia legis non excusat).…
FGM is a very relevant case as a problem of multiculturalism, since it is inscribed…
Some situations of FGM, especially those conducted by a person who has just arrived…
The rule regarding the mistake of law, which is a manifestation of tolerance,…
Art. 17 CP (Mistake about unlawfulness)…
1. Acts without culpability who acts without consciousness of unlawfulness of the…
2. If the mistake is censurable, the offender is punished with the penalty applicable…
The mistake of law of art. 17 CP includes different types of mistakes. The first…
Art. 17 CP also includes the so-called indirect mistake of law, i.e., when the offender,…
However, not all mistakes of law are comprised in art. 17 CP. In fact, art. 16 (1)…
In Portuguese criminal law, regarding the mistake of law, a distinction is made between…
For art. 17 CP to apply, the offender must not have had consciousness of unlawfulness.…
However, the exclusion of culpability as a favourable consequence to the offender…
The standard for the required duty of care is that of the average citizen placed…
If the mistake is considered censurable, culpability will not be excluded, and the…
The question under analysis is, then, if FGM is to be considered as an offence against…
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