Legal-Criminal Implications of a Faulty Understanding of the Criminal Statute: An Analysis on the Exclusion of Culpability

Abstract

The issue of error in criminal law is one of the most debated areas within the theory of crime, particularly regarding an individual's mistaken understanding of legal norms. This situation raises critical questions about subjective imputation and the conditions under which culpability may be excluded, in accordance with the principle of personal responsibility. Criminal doctrine differentiates between mistake of fact and mistake of law, the latter being especially complex when it affects the offender’s awareness of the wrongful nature of their conduct. In such scenarios, courts must determine whether the misunderstanding was inevitable or if it could have been avoided through reasonable diligence. This distinction is fundamental for ensuring proportionate penalties and upholding substantive justice. Interpretations of legal error must aim for a rational criminal response that maintains the foundations of the Rule of Law and safeguards the fundamental rights of the accused.