GENERAL PART

SECTION TWO. CRIME

CHAPTER VI. INCOMPLETE CRIME

Article 18. Preparation of Crime
1. Preparation of crime shall be intentional creation of conditions for the perpetration of crime.
2. Criminal liability shall be prescribed for the preparation of grave or especially grave crimes only.
3. Criminal liability for the preparation crime shall be determined under the relevant article of this Code, which provides for liability for completed crimes, by giving reference to this article.

Article 19. Attempted Crime
1. Attempted crime shall be a deliberate action that was designed to perpetrate a crime but the crime was not completed.
2. Criminal liability for attempted crime shall be determined under the relevant article of this Code which provides for liability for completed crimes, by giving reference to this article.

Article 20. Releasing from Responsibility for Incomplete Crime
No criminal liability whatsoever for the preparation of crime or attempted crime shall be imposed upon a person if the relevant illegal result could not have been achieved by the instrument applied for the perpetration of the crime due to such persons unawareness or any other personal handicap.

Article 21. Voluntary Refusal to Complete Crime
1. No criminal liability shall be imposed on the person who voluntarily and for good refuses to complete crime.
2. The person who voluntarily refuses to complete crime shall be subject to criminal liability only in case the actual action carried out by such person is another crime.
3. Criminal liability shall be withdrawn from the organizer, instigator and accomplice in case they dissuaded the perpetrator, timely informed a governmental body or otherwise obstructed the perpetrator or other accomplice, thus not giving the possibility to complete the crime. The accomplice shall be released from criminal liability if he/she did not carry through the action promised to the perpetrator or other accomplice or had retrieved the toll or instrument transferred for the perpetration of crime be fore the crime is committed.
4. If the organizer, instigator and psychic accomplice failed to, with their efforts, avoid the perpetration of the crime by the perpetrator, the measures taken by them may be viewed as extenuating circumstance by the court when awarding a sentence.
5. The person who did all to realize the relevant consequence of the Corpus Delicti, but thereafter, in the course of events, voluntarily made active efforts and forestalled this consequence shall be released from liability.

CHAPTER VII. PERPETRATION AND COMPLICITY

Article 22. Perpetration
1. Perpetrator shall be the one who immediately committed the offense or participated along with the other (co-perpetrator) in the wrongdoing, as well as the one who perpetrated the crime though such person is released from criminal liability under this Code due to age, diminished responsibility or any other circumstance.
Article 23. Complicity
Complicity in the crime shall mean joint participation of two or more persons in the perpetration of the crime.

Article 24. Types of Complicity
1. The organizer shall be the one who staged the crime or supervised its perpetration as well as the one who established the organized group or supervised it.
2. The instigator shall be the one who persuaded the other person into committing the offence.
3. The accomplice shall be the one who helped the perpetration of crime.

Article 25. Liability of Perpetrator and Accomplice
1. Criminal liability shall be imposed upon the perpetrator and accomplice only for their own fault on the basis of joint illegal action, in consideration of the character and quality of the part that each of them played in the wrongdoing.
2. Criminal liability of the co-perpetrator shall be determined in compliance with the relevant article of this Code, without giving reference to this article.
3. Criminal liability of the organizer, instigator and accomplice shall be determined under the relevant article of this Code, by giving reference to this article except for the case when they were concurrently the co-perpetrators of the crime.
4. If the action of the perpetrator or accomplice involves the sign typical for illegal action, this sign shall give rise to the liability of the other perpetrator or accomplice whose action did not bear this sign if the latter perpetrator or accomplice was aware of this sign.
5. The personal sign, which is typical for the wrongdoing or the personality of one of the perpetrator or accomplice, shall be charged against the perpetrator or accomplice whom this sign is typical for.
6. The person shall be subject to criminal liability as an organizer, instigator or accomplice for participation in the crime the perpetrator whereof may be a special subject of the relevant crime prescribed by this Code.
7. If the perpetrator has not completed the crime, the accomplice shall be subject to criminal liability for the preparation of or complicity in the attempted crime. Criminal liability for the preparation of the crime shall be imposed upon the one who failed, due to circumstances beyond control, to persuade other person into wrongdoing.

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.