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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

The General Part

Title II
Offences

Chapter IV
Attempt

Divestment and hindrance of result occurrence

Art.36 – (1) A perpetrator who divested him/herself or who hindered the occurrence of the result before the act was discovered shall not be punished.

(2) If the acts accomplished up to the moment of divestment or hindrance of result occurrence is another offence, the penalty for that offence shall be applied.

The General Part

Title II
Offences

Chapter V
Participation

Hindrance of perpetration

Art.43 – (1) A participant shall not be punished if he/she hinders its occurrence, during execution, but before the act is discovered.

(2) If the acts committed until the moment of hindrance make up another offence, the participant shall be punished for that offence.

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.