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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

2. Attempted criminal offence and voluntary abandonment

Article 22
(1) Where a perpetratorattempted to commit a criminal offence but has voluntarily abandoned its commission punishment may be remitted.

(2) Where a perpetrator voluntarily abandoned the commission of a criminal offence, he shall receive punishment for the acts that constitute another separate criminal offence which is not covered by the criminal offence that the perpetrator abandoned.

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

3. Complicity in criminal offence

Limits of Liability and Punishment of accomplices

Article 26

(2) Where A co-principal, instigator or an aider voluntarily prevented the commission of a criminal offence, punishment may be remitted.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Organization and instigation to Commit genocide and war crimes

Article 431
(1) Anyone who conspires with another to commit any of the criminal offence under Articles 426 to 430 hereof shall be punished by a prison term from three months to three years.

(2) Anyone who organizes a group in view of committing any of the criminal offences under para. 1 above shall be punished by a prison term from five to fifteen years.

(3) Anyone who becomes a member of the group referred to in para. 1 above shall be punished by a prison term from one to eight years.

(4) A perpetrator of the offences under paras 1 and 3 above who discloses the conspiracy or group before committing a criminal offence as its member or on behalf of the group, and a perpetrator of the offence under para. 2 above who prevents the commission of the offences under para. 1 above may receive a lighter punishment.

(5) Anyone who calls for or incites to the commission of any of the criminal offences under Articles 426 to 430 hereof shall be punished by a prison term from two to ten years.

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.