GENERAL PART

CHAPTER TWO
THE OFFENCE

FIRST TITLE
FOUNDATIONS OF CRIMINAL LIABILITY

Section 13
Omissions

(1) Whosoever fails to avert a result which is an element of a criminal provision shall only be liable under this law if he is responsible under law to ensure that the result does not occur, and if the omission is equivalent to the realisation of the statutory elements of the offence through a positive act.

(2) The sentence may be mitigated pursuant to section 49(1).

GENERAL PART

CHAPTER TWO
THE OFFENCE

FIRST TITLE
FOUNDATIONS OF CRIMINAL LIABILITY

Section 13
Omissions

(1) Whosoever fails to avert a result which is an element of a criminal provision shall only be liable under this law if he is responsible under law to ensure that the result does not occur, and if the omission is equivalent to the realisation of the statutory elements of the offence through a positive act.

(2) The sentence may be mitigated pursuant to section 49(1).

Section 14
Acting for another

(1) If a person acts :

1. in his capacity as an organ authorised to represent a legal entity or as a member of such an organ ;
2. as a partner authorised to represent a partnership with independent legal capacity ; or
3. as a statutory representative of another,
any law according to which special personal attributes, relationships or circumstances (special personal characteristics) form the basis of criminal liability, shall apply to the representative, if these characteristics do not exist in his person but in the entity, partnership or person represented.

(2) If a person, whether by the owner of a business or somebody delegated by him, has been

1. commissioned to manage the business, in whole or in part ; or
2. expressly commissioned to perform autonomous duties which are incumbent on the owner of the business,
and the person acts on the basis of this commission, any law, according to which special personal characteristics give rise to criminal liability shall apply to the person commissioned, if these characteristics do not exist in his but in the person of the owner of the business. Within the meaning of the 1st sentence above an enterprise shall be the equivalent of a business. If a person acts on
the basis of a similar commission for an agency performing public administrative services, the first sentence shall apply mutatis mutandis.

(3) Subsections (1) and (2) above shall apply even if the act of commission intended to create the power of representation or the agency is void.

GENERAL PART

CHAPTER TWO
THE OFFENCE

SECOND TITLE
ATTEMPT

Section 22
Definition

A person attempts to commit an offence if he takes steps which will immediately lead to the completion of the offence as envisaged by him.

Section 23
Liability for attempt

(1) Any attempt to commit a felony entails criminal liability; this applies to attempted misdemeanours only if expressly so provided by law.

(2) An attempt may be punished more leniently than the completed offence (section 49(1)).

(3) If the offender due to gross ignorance fails to realise that the attempt could under no circumstances have led to the completion of the offence due to the nature of its object or the means by which it was to be committed, the court may order a discharge, or mitigate the sentence as it sees fit (section 49(2)).

Section 24
Withdrawal

(1) A person who of his own volition gives up the further execution of theoffence or prevents
its completion shall not be liable for the attempt. If the offence is not completed regardless of his actions, that person shall not be liable if he has made a voluntary and earnest effort to prevent the completion of the offence.

(2) If more than one person participate in the offence, the person who voluntarily prevents its completion shall not be liable for the attempt. His voluntary and earnest effort to prevent the completion of the offence shall suffice for exemption from liability, if the offence is not completed regardless of his actions or is committed independently of his earlier contribution to the offence.

GENERAL PART

CHAPTER TWO
THE OFFENCE

THIRD TITLE
PRINCIPALS AND SECONDARY PARTICIPANTS

Section 29
Separate criminal liability of the accomplice

Each accomplice shall be liable according to the measure of his own guilt and irrespective of the guilt of the others.

GENERAL PART

CHAPTER TWO
THE OFFENCE

THIRD TITLE
PRINCIPALS AND SECONDARY PARTICIPANTS

Section 25
Principals

(1) Any person who commits the offence himself or through another shall be liable as a principal.

(2) If more than one person commit the offence jointly, each shall be liable as a principal (joint principals).

Section 26
Abetting

Any person who intentionally induces another to intentionally commit an unlawful act (abettor) shall be liable to be sentenced as if he were a principal.

Section 27
Aiding

(1) Any person who intentionally assists another in the intentional commission of an unlawful act shall be convicted and sentenced as an aider.

(2) The sentence for the aider shall be based on the penalty for a principal. It shall be mitigated pursuant to section 49(1).

Section 28
Special personal characteristics

(1) If special personal characteristics (section 14(1)) that establish the principal’s liability are absent in the person of the secondary participant (abettor or aider) their sentence shall be mitigated pursuant to section 49(1).

(2) If the law provides that special personal characteristics aggravate, mitigate or exclude punishment this shall apply only to the accomplices (principals or secondary participants) in whose person they are present.

Section 29
Separate criminal liability of the accomplice

Each accomplice shall be liable according to the measure of his own guilt and irrespective of the guilt of the others.

Section 30
Conspiracy

(1) A person who attempts to induce another to commit a felony or abet another to commit a felony shall be liable according to the provisions governing attempted felonies. The sentence shall be mitigated pursuant to section 49 (1). Section 23 (3) shall apply mutatis mutandis.

(2) A person who declares his willingness or who accepts the offer of another or who agrees with another to commit or abet the commission of a felony shall be liable under the same terms.

Section 31
Withdrawal from conspiracy

(1) A person shall not be liable under section 30 if he voluntarily

1. gives up the attempt to induce another to commit a felony and averts any existing danger that the other may commit the offence ;
2. after having declared his willingness to commit a felony, gives up his plan; or 3. after having agreed to commit a felony or accepted the offer of another to commit a felony prevents the commission of the offence.

(2) If the offence is not completed regardless of his actions or if it is committed independently of his previous conduct, his voluntary and earnest effort to prevent the completion of the offence shall suffice for exemption from liability.

SPECIAL PART

CHAPTER SEVEN
OFFENCES AGAINST PUBLIC ORDER

Section 129a
Forming terrorist organisations

(1) Whosoever forms an organisation whose aims or activities are directed at the commission of

1. murder under specific aggravating circumstances (section 211), murder (section 212) or genocide (section 6 of the Code of International Criminal Law) or a crime against humanity (section 7 of the Code of International Criminal Law) or a war crime (section 8, section 9, section 10, section11 or section 12 of the Code ofInternational Criminal Law) ;

Article 25
Individual criminal responsibility
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.

This provision is wider than the ICC Statute.

StGB Section 13 criminalizes omissions when there is a corresponding legal duty to act. StGB Section 14 allows for the punishment of representatives of legal entities, private businesses et cetera, if there is a legal ruling that such special personal characteristics provide a basis for criminal responsibility.