'Voluntary withdrawal' in document 'Tajikistan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION II. CRIME

CHAPTER 6. Unfinished and Completed Crime

Article 34. Voluntary Abandonment of the Project to Commit a Crime

(1) Voluntary and final termination of preparatory actions by a person or termination of acts (omission) directly aimed at committing of a crime if the person realized the possibility to complete a crime, is deemed to be voluntary abandonment of the project to commit a crime.

(2) A person is not liable to criminal responsibility for a crime if he voluntarily and finally abandoned the project to complete it.

(3) A person who voluntarily abandoned a project to complete a crime shall be subject to criminal liability only in the case if an act actually committed by him contains formal elements of a definition of another crime.

(4) An organizer of a crime and an abettor shall be released from criminal liability if they undertook all possible measures to prevent commission of the crime. An accessory is not liable to criminal responsibility if before completing a crime he will refuse a perpetrator to assist him in committing the crime or will eliminate the results of the assistance rendered by him before.

(5) If actions of an organizer, abettor and accessory didn't lead to prevention of a crime, measures taken by them may be considered as extenuating circumstances when imposing a penalty.

RELEVANT ROME STATUTE PROVISIONS

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.