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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter III. CRIMINAL OFFENSE, ITS TYPES AND STAGES

Article 17. Voluntary renunciation in an unconsummated criminal offense

1. The voluntary renunciation shall mean the final discontinuation of the preparation for crime or a criminal attempt by a person of his/her own will, where that person have realized that the criminal offense may be consummated.

2. A person who voluntarily renounced to consummate a criminal offense shall be criminally liable only if the actual act committed by that person comprised elements of any other offense.

GENERAL PART

Chapter VI. COMPLICITY

Article 31. Voluntary renunciation of accomplices

1. In the event of a principal's (or co-principals') voluntary renunciation to commit a criminal offense, he (or they) shall not be criminally liable where the conditions prescribed by Article 17 of this Code are satisfied. In this event other accomplices shall be criminally liable for the preparation of the criminal offense or the attempted offense which was voluntary renunciated by the principal.

2. An organizer, abettor or accessory shall not be criminally liable in event of their voluntary renunciation, where they averted the offense or timely reported the preparation or commission of the offense to appropriate public authorities. The accessory's failure to supply the means and tools or remove obstacles for the offense shall also be regarded as his voluntary renunciation.

3. In the event of a voluntary renunciation of any accomplice, the principal shall be criminally liable for the preparation of the criminal offense or for the attempted offense depending on the stage at which his act was precluded.

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.