Introduction to Law Deneme Sınavı Sorusu #725300

A hunter sees a bear behind bushes and shoots towards that place. But in fact he shoots the helper. What is the excuse that relieves criminal responsibility of the hunter?


Necessity

Rescklesness

Mistake of fact

Mistake of law

Actus reus


Yanıt Açıklaması:

A mistake of fact occurs whereby the perpetrator violates criminal law since his/her grasp on reality is erroneous. In such cases, the basic assumption is that the perpetrator would not have acted in the way he did had he/she known the facts of the case. In our case, A hunter mistakes a helper for a bear and shoots the helper. In this case, he does not have the intent to kill a human         being and cannot be punished because of “mistake of fact”. The correct answer is C.

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