Article 80 — Mistake of Fact.

(1) Whoever commits a crime under an erroneous appreciation of the true facts of the situation shall be tried according to such appreciation. Where there is no criminal Intention the doer shall not be punishable. Where he could have avoided the mistake by taking such precautions as were commanded by his personal position and the circumstances of the case (Art. 59), he shall be punishable for negligence in cases where such negligence is penalized by law. (2) Mistake as to a fact which constitutes a specified crime shall not exclude the punishment of the doer for another crime constituted by the act he performed. (3) The crime is committed where there is a mistake as to the identity of the victim or the object of the crime.