'Voluntary withdrawal' in document 'Cape Verde - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER II - CHARACTERISTICS OF A PUNISHABLE DEED

Article 24
(Cessation and active repentance)

1. Any perpetrator who of his own will ceases to pursue the carrying out of an offence or prevents its completion, or, having completed it, prevents the result that the law seeks to avoid from effectively coming about, shall be exempt from penalty.

2.The same regime set forth in the preceding paragraph shall apply if the completion of the offence or effective coming about of its result is thwarted by some circumstance independent of the perpetrator's conduct, if he makes a genuine effort to prevent the completion of such offence or the effective coming about of its result.

3. In the case of co-participation, anyone who of his own will prevents the completion of an offence or the effective coming about of its result, or who makes a genuine effort to prevent the completion of such offence or the effective coming about of its result shall likewise be exempt from penalty even if other co-participants have continued to pursue the carrying out of the offence or have completed it.

4. The provisions of the preceding paragraphs shall likewise be applicable to preparatory acts if they are punishable pursuant to the first half of paragraph 1 of Article 20.

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.