Kernrechtsfrage
Whether the accused's mistaken belief that the assets were no longer confiscable due to lapse of time was a factual error under Art. 19 StGB or a legal error under Art. 20 StGB.
Extrahierter Entscheid
The mistake concerned an element of the offence and therefore fell under Art. 19 StGB; the accused lacked intent because he did not even recognize the transactions as money laundering in lay terms.
Extrahierte Begründung
Normative elements also fall under factual error if the offender misunderstands the social meaning of the conduct. Here the accused believed confiscability had lapsed, so he acted without intent; negligent money laundering is not punishable.