The Relations Between Mistake of Criminal Law and Culpability

Abstract

This research article purposes to studied problems of determining criminal liability for individuals who commit an offense due to mistake of criminal law, based on the principles of “ignorantia iuris non ecusat” (ignorance of the law is no excuse) and “nulla poena sine culpa” (no punishment without culpability). According to the theory of responsibility in criminal jurisprudence and ethical doctrines, strictly applying the “ignorantia iuris” principle to prevent the accused from using a mistake of the law as a defense is in conflict with the “nulla poena sine culpa” principle which guarantees the substantial justice of the criminal law enforcement process. Due to either ignorance or misinterpretation of criminal law or a mistake of moral values upon which the criminal law was predicated, the offender may be unaware that the aforementioned transgressions are illegal. In such cases, wrongdoers cannot be considered culpable or deserving of punishment.

Therefore, to resolve this issue, “a fair opportunity to avoid committing an offence” should be used as a significant criterion for determining criminal liability. If errors in criminal law, of any form, be unavoidable, offenders may not have the opportunity to choose to avoid wrongdoing. Considering them as malefactors deserving punishment by applying the criminal liability principle of “fair opportunity” would validate the intent of criminal law to maintain social order while protecting rights and freedoms defendants consistently.