MISTAKE IN CRIMINAL LAW

Aghayev I.B.
Mistake in Criminal law.
Law journal «Qanun».
Baku, 2015, No. 6, pp. 71—78. 0,7 quires.

In the paper mistake in criminal law is investigated. According to the author, a word mistake means incorrectness in actions, thoughts. In criminal law, mistake shall be defined as misleading of a person concerning the legal characteristics of an act or factual circumstances, which determine the nature and degree of social danger of the committed act. Depending on the nature, the author defines legal mistake and factual mistake. Legal mistake is a misleading of a person concerning the legal essence and legal consequences of the committed act, i.e. concerning the criminality or non-criminality of the committed by him/her act or its consequences, the legal qualification of the offense, type and scope of punishment, which may be imposed for this offense. The factual mistake shall be defined by the author as misleading of a person in relation to the factual circumstances, which operate as objective signs of the crime: the object of crime and objective aspect of crime.