Mistake of object as a type of factual mistake in criminal law: essence and features of qualification for criminal liability

The article is devoted to the study of mistake of object as one of the key types of mistake of fact in criminal law, its essence, characteristics, and impact on the qualification of criminal offenses. The analysis highlights the absence of legislative regulation concerning mistakes in the current Criminal Code of Ukraine (CCU) and emphasizes the need to improve legal practice. By comparing doctrinal interpretations of mistake, the author proposes their own definition: a mistake of object is a person’s incorrect perception of the nature and content of the social relations targeted by the act, expressed through a misjudgment of such relations, or the misidentification of the object or victim of the offense. Based on the analysis of foreign legislation (Criminal Codes of Germany, Poland, Bulgaria, and Spain) and the draft of the new CCU, the paper presents how mistake of fact is normatively regulated abroad, which contributes to legal certainty. Mistake of object is classified into four types: mistake in social relations (in the generic or immediate object), mistake in the number of objects of encroachment, mistake in the object of the criminal offense, and mistake regarding the victim. For example, a mistake in social relations may lead to the act being qualified as an attempted offense, whereas a mistake regarding the object or the victim may not affect qualification if it does not alter the social danger of the act. The study emphasizes that the lack of norms on mistake in the current CCU complicates the qualification of offenses, especially when the perpetrator’s intent does not correspond to the factual outcome. The draft of the new CCU (Art. 2.4.6) proposes to regulate this issue by defining mistake of fact as a misinterpretation of the elements of a criminal offense and provides that the act should be qualified as an attempt to commit the intended offense. It is concluded that mistake of object significantly affects the determination of guilt, the legal qualification of the act, and the imposition of punishment, while its correct understanding is essential for legal practice. The author’s comprehensive definition of mistake of object reflects all its dimensions and may serve as a basis for future legislative improvements.