PART TWO
ON CRIMES

Chapter 23 On Attempt, Preparation, Conspiracy and Complicity

Section 1

A person who has begun to commit a crime without bringing it to completion, shall, in cases where specific provisions exist for the purpose, be sentenced for attempt to commit crime if there was a danger that the act would lead to the completion of the crime or such danger had been precluded only because of fortuitous circumstances.

Punishment for attempt shall be at most what is applicable to a completed crime and not less than imprisonment if the least punishment for the completed crime is imprisonment for two years or more.

Section 2

A person who, with the intention of committing or promoting a crime, presents or receives money or anything else as pre-payment or payment for the crime or who procures, constructs, gives, receives, keeps, conveys or engages in any other similar activity with poison, explosive, weapon, picklock, falsification tool or other such means, shall, in cases where specific provisions exist for the purpose, be sentenced for preparation of crime unless he is guilty of a completed crime or attempt.

In specially designated cases a sentence shall also be imposed for conspiracy. By conspiracy is meant that someone decides on the act in collusion with another as well as that someone undertakes or offers to execute it or seeks to incite another to do so.

Punishment imposed for preparation or conspiracy shall be less than the highest and may be less than the lowest limit applicable to the completed crime. No greater punishment than imprisonment for
two years may be imposed unless imprisonment for eight or more years can follow for the completed crime. Punishment shall not be imposed if the danger of the crime being completed was slight.

Section 3

Responsibility for attempting, preparing or conspiring to commit a crime shall not exist if a person voluntarily, by breaking off the execution of the crime or otherwise, has prevented its completion. Even if the crime was completed, a person who has unlawfully had to do with means to that end may not be held criminally responsible for that reason if he has voluntarily prevented the criminal use of the means.

Section 4

Punishment as provided for an act in this Code shall be imposed not only on the person who committed the act but also on anyone who furthered it by advice or deed. The same shall also apply to any other act punishable with imprisonment under another Law or statutory instrument.

A person who is not regarded as the perpetrator shall, if he induced another to commit the act, be sentenced for instigation of the crime and otherwise for aiding the crime.

Each accomplice shall be judged according to the intent or the negligence attributable to him. Punishments defined in law for the act of a manager, debtor or other person in a special position shall also be imposed on anyone who was an accomplice to the act of such person.

The provisions of this paragraph do not apply if the law provides otherwise in special cases. (Law 1994:458)

Section 5

If someone has been induced to be an accomplice to crime by coercion, deceit or misuse of his youth, innocence or dependent status or has been an accomplice only to a minor extent, the punishment imposed may be less than that otherwise provided for the crime. Punishment shall not be imposed in petty cases. This also applies where the issue is one of imposing a punishment provided for a person in a special position on an accomplice.

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:
(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