Spans in 'Serbia - Criminal Code' tagged with 'Voluntary withdrawal'

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

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More information about the keyword 'Voluntary withdrawal'
More information about the document 'Serbia - Criminal Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter Three
CRIMINAL OFFENCE

2. Attempted Criminal Offence

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.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Organising and Incitement to Genocide and War Crimes
Article 375

(6) Punishment may be mitigated for The offender referred to in paragraphs 1, 4, and 5 hereof provided he reveals the conspiracy, a group, or an organized crime group prior to having committed a criminal offence as part of the group or on behalf thereof or for the offender referred to in paragraphs 2 and 3 hereof provided he prevents the commission of criminal offences referred to in paragraph 1 hereof.

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.