Summary

The article is devoted to issues related to error as addressed in the Estonian penal law, drawing on the principles laid down in the Penal Code. Entry into force of the Penal Code has brought along substantial changes in the treatment of error. These changes are directly linked to the central issue in this field: when and how should misunderstanding or ignorance of circumstances or of the unlawfulness of an act affect bringing charges against a person.

In the treatment of error, the Penal Code distinguishes between an error concerning circumstances and an error as to the unlawfulness of an act. The application of a three-level delict structure means that a person’s error regarding circumstances precludes liability for an intentional offence. An error as to the unlawfulness of an act may only preclude the person’s guilt on the condition that the person could not avoid the error. Therefore, it is essential to define these two types of error. In addition, the author focuses on the criteria for evaluating the avoidability of an error as to the unlawfulness of an act.