Error regarding the identity of the aggrieved party and misconduct in criminal law

Abstract

The article discusses the legal assessment of actions performed by perpetrator, who commits a prohibited act against a different person than they intended to. The error in this respect may refer to confusing the person (the perpetrator mistakenly believes that they are facing A instead of B) or take the form of a deviation (instead of A, the perpetrator causes the effect in B). Doubts in this respect arise as to whether these situations should be assessed in the same way and whether the object of the perpetrator’s action constitutes a hallmark of a prohibited act. The arguments presented in the article point to a resolution of the problem regarding the correct classification of such situations.