24 June 2005

24 June 2005 Criminal law. Plenary decision. Penal Code section 195 subsection 3, ECHR Article 6(2)

The issue in the case was whether section 195 subsection 3 of the Penal Code, which provides that mistake as to the child’s age shall not exonerate criminal liability for sexual assault of a child below the age of 14 years, is in violation of the presumption of innocence in Article 6(2) of the European Convention on Human Rights (ECHR). Reference: HR-2005-1014-A, case no. 2005/260, criminal appeal.