GENERAL PART

Chapter Three
CRIMINAL OFFENCE

2. Attempted Criminal Offence

Attempt
Article 30

(1) Whoever commences a criminal offence with premeditation, but does not complete it, shall be punished for the attempted criminal offence if such offence is punishable by law with a term of imprisonment of five years or more, and for the attempt of other criminal offence only when the law explicitly provides for the punishment of attempt.

(2) A perpetrator shall be punished for an attempt with a punishment prescribed for the criminal offence or with a lighter punishment.

Inappropriate Attempt
Article 31

An offender who attempts to commit a criminal offence with an inappropriate tool or against an inappropriate object may be remitted from punishment.

Voluntary Abandonment
Article 32

(1) An offender who attempted to commit a criminal offence, but voluntarily abandoned the act of commission or prevented occurrence of consequences, may be remitted from punishment.

(2) The provision of paragraph 1 of this Article shall not apply if the offender has not completed the criminal offence due to circumstances preventing or considerably hindering commission of the criminal offence, or because he assumed that such circumstances were present.

(3) An accessory, instigator or abettor who voluntarily prevents commission of a criminal offence may also be remitted from punishment.

(4) If in cases specified in paragraphs 1 and 3, the offender completes some other criminal offence that is independent of the offence he abandoned, the offender may not be remitted from punishment for such other offence on the same grounds.


3. Complicity in Criminal Offence

Co-perpetration
Article 33

If several persons jointly take part in committing a criminal offence, or jointly commit an offence out of negligence, or by carrying out a jointly made decision, by other premeditated act significantly contribute to committing a criminal offence, each shall be punished as prescribed by law for such offence.

Incitement
Article 34

(1) Whoever with intent incites another to commit a criminal offence shall be punished as prescribed by law for such offence.

(2) Whoever with intent incites another to commit a criminal offence whose attempt is punishable by law, and such offence has not been attempted at all, shall be punished as for the attempted criminal offence.

Aiding and Abetting
Article 35

(1) Anyone aiding another with intent in committing a criminal offence shall be punished as prescribed by law for such criminal offence, or by a mitigated penalty.

(2) The following, in particular, shall be considered as aiding in the commission of a criminal offence : giving instructions or advice on how to commit a criminal offence ; supply of means for committing a criminal offence ; creating conditions or removal of obstacles for committing a criminal offence ; prior promise to conceal the commission of the offence, offender, means used in committing a criminal offence, traces of criminal offence and items gained through the commission of criminal offence.

Limits of Culpability and Punishment of Accomplices
Article 36

(1) An accomplice is culpable for a criminal offence within the limits of his intent or negligence, and the inciter and abettor within the limits of their intent.

(2) Grounds which preclude the culpability of the perpetrator (Art. 23, 28 and 29 hereof) do not preclude a criminal offence of co-perpetrators, inciters or abettors if they are culpable.

(3) Personal relations, characteristics and circumstances due to which the law allows remittance of punishment, or that affect sentencing, may be taken in consideration only for such perpetrator, co-perpetrator, inciter or abettor where such relations, characteristics and circumstances exist.

(4) Personal relations, characteristics and circumstances representing an essential element of a criminal offence do not have to exist with an inciter or abettor. An inciter or abettor having no such personal characteristic may be given a mitigated penalty.


4. Punishment of Inciter and Abettor for an Attempt

Attempt and Lesser Criminal Offence
Article 37

(1) If a criminal offence remains an attempt, the inciter and abettor shall be punished for the attempt.

(2) If an offender commits a lesser criminal offence than the one incited to or abetted, and which would have been comprised in such offence, the inciter and abettor shall be punished for the committed criminal offence.

(3) provision of paragraph 2 of this Article shall not apply if the inciter would receive more severe penalty by application of Article 34, paragraph 2 hereof.

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.