GENERAL PART

CHAPTER TWO
THE OFFENCE

SECOND TITLE
ATTEMPT

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 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.

Article 25
Individual criminal responsibility
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:
(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.

This provision is narrower than the ICC Statute.

Section 24 of the StGB provides that "if more than one person participates in the act, whoever voluntarily prevents its completion will not be punished for an attempt. However, his voluntary adn earnest efforts to prevent the completion of the act shall suffice for exemption from punishment, if the act is not completed due in no part to his contribution or is committed independently of his earlier contribution to the act".