'Voluntary withdrawal' in document 'Fiji - Crimes decree 2009'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 7—EXTENSIONS OF CRIMINAL RESPONSIBILITY
(ATTEMPTS, COMPLICITY, INCITEMENT ETC.)

Complicity and common purpose

45.— (4) A person cannot be found guilty of aiding, abetting, counselling or procuring the commission of an offence if, before the offence was committed, the person—

(a) terminated his or her involvement ; and
(b) took all reasonable steps to prevent the commission of the offence.

CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 7—EXTENSIONS OF CRIMINAL RESPONSIBILITY
(ATTEMPTS, COMPLICITY, INCITEMENT ETC.)

Conspiracy

49.— (5) A person cannot be found guilty of conspiracy to commit an offence if, before the commission of an overt act pursuant to the agreement, the person—

(a) withdrew from the agreement ; and
(b) took all reasonable steps to prevent the commission of the 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.