Concept and significance of legal error
The concept Legal error refers, in a legal context, to an error regarding the existence, content, scope, or applicability of legal norms. It occurs when a person performing an action has an incorrect understanding of the legal consequences or the legal permissibility of their behavior. A legal error is one of the most important types of mistakes in law and is particularly significant in criminal law, but also plays a decisive role in civil and administrative law.
Types of legal error
Distinction from mistake of fact
Section 16 of the German Criminal Code (StGB) describes the so-called mistake of fact, where the perpetrator misjudges an actual situation. The Legal error differs from this in that it does not relate to facts but to legal evaluations.
Direct and indirect legal error
Ein direct legal error exists if the acting person believes their conduct is legally permissible (permission error) or prohibited (prohibition error), even though this is not the case. An indirect legal error refers, in contrast, to a misjudgment about the scope of a legal justification or excuse, such as in the perception of a purported emergency.
Legal error in criminal law
Systematic classification
In criminal law, legal error in German law is governed primarily by § 17 StGB. According to this, the perpetrator acts without guilt if, at the time of the act, they lack awareness of doing wrong and this mistake was unavoidable.
Prohibition error
The so-called Prohibition error occurs when the perpetrator is unaware of the illegality of their actions. However, not every mistake excuses: only an unavoidable prohibition error results in absence of guilt. Unavoidability exists if, even with diligent effort, the acting person could not have reached an accurate legal assessment.
Permission error
In the case of a Permission error the perpetrator mistakenly assumes that a justification (such as self-defense or necessity) exists. If a mistake of justification is assumed, criminal law often treats this analogously to a mistake of fact under § 16 StGB.
Legal error in civil law
Impacts on declarations of intent
In civil law, a legal error is present in particular if the declarant is mistaken about the legal consequences of their declaration (§ 119 BGB). As a rule, a mistake about the legal consequences is considered an irrelevant motivational error. Only in narrowly defined exceptional cases does legal error entitle a party to rescind, namely when the error directly relates to the content of the declaration (e.g., content error as per § 119 Para. 1 BGB).
Legal error in administrative law
In administrative law, a legal error can affect the validity of administrative acts or the behavior of authorities. An official legal error regarding jurisdiction or the legal basis affects the lawfulness of the administrative act. For citizens, however, an unavoidable legal error in administrative law usually does not provide legal relief, since authorities are held to a higher duty of care.
Impacts and legal consequences of legal error
Standard of fault and care
Whether and to what extent a legal error has the effect of reducing damages or mitigating punishment depends on the particular branch of law and the individual standard of care. In criminal law, only an unavoidable prohibition error leads to lack of guilt, whereas in civil law, exoneration is rarely granted.
Examination of error and reasonable inquiries
Case law generally requires that a person inform themselves about the legal situation in cases of doubt and make appropriate efforts to clarify the facts. Failure to make or insufficient inquiries renders a legal error avoidable and typically excludes exoneration.
Distinction and relationship to other types of error
A legal error must be differentiated from other types of mistake, especially the mistake of fact and the error in declaration. In criminal and civil law, different legal consequences arise depending on the type of error. The key distinction is that with legal error, the misconception concerns a legal, not an actual, issue.
Significance in legal practice
The handling of legal error is of significant importance in all areas of law to distinguish between culpable and non-culpable conduct. For practice, this especially means that ignorance does not protect from punishment (cf. ‘ignorantia legis non excusat’), unless the legal error was unavoidable. The law thus requires a minimum level of legal knowledge and the willingness to seek information independently.
Summary
Legal error is a complex concept that has different meanings and legal consequences in various branches of law. While under certain conditions it can lead to exoneration from guilt in criminal law, its exculpatory effect in civil and administrative proceedings is significantly limited. What is crucial is that legal error only excuses if, despite reasonable efforts, it was unavoidable. Differentiation between various forms of error and their legal consequences is essential for the proper legal assessment of actions in individual cases.
Frequently asked questions
What types of legal error are distinguished in German law?
In the German legal system, a basic distinction is made between direct and indirect legal error. A direct legal error exists when a person is mistaken about the existence or content of a legal rule, such as whether a particular action is forbidden or permitted. An indirect legal error, on the other hand, concerns a misconception about a legal consequence, for example, if the perpetrator misjudges the legal significance of their conduct. Furthermore, a distinction is made between avoidable and unavoidable legal error. An avoidable legal error exists if the perpetrator could have avoided the error by reasonable consideration or inquiry, whereas an unavoidable legal error could not have been prevented even with the utmost care. These distinctions are particularly important in criminal law as they can result in different legal consequences, such as criminal liability or the determination of punishment.
What are the legal consequences of legal error in criminal law?
The legal consequences of a legal error in criminal law are primarily governed by § 17 of the Criminal Code (StGB). A distinction is made between avoidable and unavoidable prohibition errors. An unavoidable prohibition error—that is, when the perpetrator, despite all due care and seeking advice, could not recognize that their behavior was unlawful—generally leads to exoneration from punishment. In contrast, an avoidable prohibition error does not exclude guilt but can lead to a reduction in sentence pursuant to § 17 sentence 2 StGB. Additionally, there is the permission error, where the perpetrator erroneously believes that their behavior is exceptionally permitted. If this error is also considered unavoidable, it can have a mitigating effect on culpability. In all cases, it is important to thoroughly examine whether the legal error was genuinely unavoidable, while placing substantial demands on the duty of care of the perpetrator.
How is a prohibition error different from a mistake of fact?
Unlike the mistake of fact, in which the perpetrator is mistaken about factual circumstances (for example, believes a precondition of an offense is not met), the legal error—especially the prohibition error—relates to ignorance of the unlawfulness of an act. While a mistake of fact generally excludes intent-based culpability under § 16 StGB, with a prohibition error under § 17 StGB, culpability remains unless the error was unavoidable. The main difference is that with a mistake of fact, the awareness of facts is lacking, whereas with legal error, either the awareness of legal assessment or knowledge of a prohibition is lacking. The criminal legal consequences therefore differ, with legal error carrying special requirements to seek legal advice.
What is the significance of legal error in civil law?
In civil law, legal error plays a role particularly in connection with the contestation of declarations of intent pursuant to § 119 BGB. Here, a mistake about the content of a declaration or about the legal consequences resulting from that declaration can entitle the party to challenge. However, a purely legal error regarding the legal consequences of a transaction is only recognized if it can be equated with a content mistake. In contrast to a mistake about facts, legal error in civil law is only relevant for contestation to a limited extent. A mere motivational error, such as being mistaken about the legal position regarding a future development, cannot be challenged. Furthermore, it must be examined whether the error was recognizable to the other party to the contract and whether there are protected interests as a result.
What duties of inquiry exist to prevent an avoidable legal error?
According to the case law of the Federal Court of Justice and legal literature, everyone has a certain obligation to check the legality of their own actions. This includes, in cases of doubt, informing oneself about the statutory permissibility of an action, for example, by consulting statutes, contacting relevant authorities, or seeking legal advice. This is especially true for people who are professionally or commercially active and are thus subject to special legal requirements. Anyone who violates these duties must generally accept an avoidable legal error against themselves, which in criminal law only leads to a reduction in sentence. Only if all reasonable measures have been exhausted and an error still remains can an unavoidable legal error be recognized.
Does the individual’s education or life experience matter in assessing a legal error?
Yes, the assessment of whether a legal error was avoidable or unavoidable depends significantly on the individual’s education, life experience, and personal capabilities. Thus, stricter requirements are imposed on a lawyer or professional than on a legally inexperienced layperson. This subjectification serves to uphold the principle of individual culpability as it is anchored in criminal and civil law. This means that, for instance, a lawyer cannot claim an unavoidable legal error in their professional field, whereas for a layperson, the assessment may differ.
What is the significance of permission error in relation to legal error?
The permission error is a special type of legal error and describes the case in which the perpetrator mistakenly believes that their behavior is justified by a legal ground (e.g., self-defense), although the legal prerequisites are actually not met. In criminal law, a distinction is made between a mistake about justification elements (the perpetrator is mistaken about factual circumstances of a justification) and a permission error (the perpetrator is mistaken about the legal existence or extent of a justification). The mistake about justification elements leads under § 16 StGB to the elimination of intent, whereas the mere permission error is treated as a prohibition error (§ 17 StGB) and only mitigates punishment if it was avoidable. The exact distinction and proper handling of the error are crucial for assessing criminal liability and are frequently subject to legal debate and case law.
