GENERAL PART

V C H A P T E R F I V E
CRIMINAL OFFENCE

Attempt
Article 26

(1) Whoever intentionally commences execution of a criminal offence, but does not complete such
offence, shall be punished for the attempted criminal offence when, for the criminal offence in question, the punishment of imprisonment for a term of three years or a more severe punishment may be imposed, and for the attempt of another criminal offences when the law expressly prescribes punishment of the attempt alone.
(2) An attempted criminal offence shall be punished within the limits of the punishment prescribed for the same criminal offence perpetrated, but the punishment may also be reduced.

Inappropriate Attempt
Article 27

If a person tries to perpetrate a criminal offence by inappropriate means or against an inappropriate object may be released from sentencing or punished less severely.

Voluntary Abandonment of the Attempt
Article 28

(1) A perpetrator, who voluntarily abandons the execution of a punishable attempt, may be released from punishment.
(2) In the event of voluntary abandonment of an attempt, the perpetrator shall be punished for those acts that constitute other separate criminal offences.

Co-perpetration
Article 29

If several persons who, by participating in the perpetration of a criminal offence or by taking some other act by which a decisive contribution has been made to its perpetration, have jointly perpetrated a criminal offence, shall each be punished as prescribed for the criminal offence.

Incitement
Article 30

(1) Whoever intentionally incites another to perpetrate a criminal offence, shall be punished as if he has perpetrated such offence.
(2) Whoever intentionally incites another to perpetrate a criminal offence for which a punishment of imprisonment for a term of three years or a more severe punishment is prescribed by law, and the criminal offence has never been attempted, shall be punished as for the attempt of the criminal offence.
(3) The incitement to the commission of a criminal offence shall particularly mean the following: pleading, inducement or persuasion, demonstrating the benefits of the commission of a criminal offense, giving or promising gifts, misuse of subordination or dependency relations, leading or keeping a person in a state of actual or legal misconception.

Accessory
Article 31

(1) Whoever intentionally helps another to perpetrate a criminal offence shall be punished as if he himself perpetrated such offence, but the punishment may be reduced.
(2) The following, in particular, shall be considered as helping in the perpetration of a criminal offence: giving advice or instructions as to how to perpetrate a criminal offence, supplying the perpetrator with tools for perpetrating the criminal offence, removing obstacles to the perpetration of criminal offence, and promising, prior to the perpetration of the criminal offence, to conceal the existence of the criminal offence, to hide the perpetrator, the tools used for perpetrating the criminal offence, traces of the criminal offence, or goods acquired by perpetration of the criminal offence.

Limitations in Culpability and Punishability of Collaborators
Article 32

(1) The accomplice shall be considered guilty within the limits set by his own intent or negligence, and the inciter and the accessory within the limits of their own intent.
(2) The court shall refrain from imposing a punishment on an accomplice, inciter or accessory that has voluntarily prevented perpetration of the criminal offence.
(3) The personal relations, characteristics and circumstances to which the law attaches the exclusion of culpability, or by reason of which it permits or provides for the remission of punishment or its mitigation may be taken into consideration only if they are inherent to such perpetrators, accomplices, inciters or accessories.


VI – CHAPTER SIX
CULPABILITY

Existence of Guilt
Article 33

(1) Guilt exists if a perpetrator was mentally capable at the time of the commission of a criminal offence and acted with intent.
(2) Guilt with regard to a criminal offence also exists if the perpetrator acted out of negligence, where the law so prescribes explicitly.

GENERAL PART

VI – CHAPTER SIX
CULPABILITY

Negligence
Article 36

(1) A criminal offence may be perpetrated by advertent or inadvertent negligence.
(2) The perpetrator acts with advertent negligence when he was aware that a prohibited consequence might have occurred as a result of his action or omission to act, but carelessly assumed that it would not occur or that he would be able to avert it.
(3) The perpetrator acts with inadvertent negligence when he was unaware of the possibility that a prohibited consequence might have occurred, although, under the circumstances and according to his personal characteristics, he should and could have been aware of such possibility.

GENERAL PART

VII C H A P T E R S E V E N
PUNISHMENT

Special Condition for Release from Punishment for Criminal Offences Perpetrated by Negligence
Article 52

The court may release the perpetrator from punishment for a criminal offence perpetrated by negligence when the consequences of the criminal offence perpetrated affect the perpetrator so severely that imposing a punishment would obviously not serve the purpose of punishment.

SPECIAL PART

XVII C H A P T E R S E V E N T E E N
CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

Organising a Group of People and Instigating the Perpetration of Genocide, Crimes against Humanity and War Crimes
Article 176

(1) Whoever organises a group of people for the purpose of perpetrating criminal offence referred to in Articles 171 (Genocide), 172 (Crimes against Humanity), 173 (War Crimes against Civilians), 174 (War Crimes against the Wounded and Sick) or 175 (War Crimes against Prisoners of War) of this Code,
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.
(2) Whoever becomes a member of a group of people referred to in paragraph 1 of this Article, shall be punished by imprisonment for a term between one and ten years.
(3) A member of a group of people referred to in paragraph 1 of this Article who exposes the group before he has perpetrated a criminal offence in its ranks or on its account,
shall be punished by a fine or imprisonment for a term not exceeding three years, but may also be released from punishment.
(4) Whoever calls on or instigates the perpetration of criminal offence referred to in Articles 171 through 175 of this Code,
shall be punished by imprisonment for a term between one and ten years .

SPECIAL PART

XVII C H A P T E R S E V E N T E E N
CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

Individual and Command Responsibility
Article 180

(1) A person who planned, ordered, perpetrated or otherwise aided and abetted in the planning, preparation or execution of a criminal offence referred to in Article 171 (Genocide), 172 (Crimes against Humanity), 173 (War Crimes against Civilians), 174 (War Crimes against the Wounded and Sick), 175 (War Crimes against Prisoners of War), 177 (Unlawful Killing or Wounding of the Enemy), 178 (Marauding the Killed and Wounded at the Battlefield) and 179 (Violating the Laws and Practices of Warfare) of this Code, shall be guilty of the criminal offence. The official position of any individual, whether as Head of State or Government or as a responsible Government official person, shall not relieve such person of culpability nor mitigate punishment.

(2) The fact that any of the criminal offences referred to in Article 171 through 175 and Article 177 through 179 of this Code was perpetrated by a subordinate does not relieve his superior of culpability if he knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

(3) The fact that a person acted pursuant to an order of a Government or of a superior shall not relieve him of culpability, but may be considered in mitigation of punishment if the court determines that justice so requires.

SPECIAL PART

XXII C H A P T E R T W E N T Y – T W O
CONSPIRACY, PREPARATION, ASSOCIATING AND ORGANISED CRIME

Conspiracy to Perpetrate a Criminal Offence
Article 247

Whoever agrees with another to perpetrate a criminal offence prescribed by the law of Bosnia and Herzegovina, for which a punishment of imprisonment of three years or a more severe punishment may be imposed, unless a heavier punishment is foreseen for conspiracy of a particular criminal offence,
shall be punished by a fine or imprisonment for a term not exceeding one year.


Preparation of a Criminal Offence
Article 248

Whoever procures or prepares means or removes obstacles or engages in any other activity that creates conditions for a direct perpetration, but is not a substantive part of the act of perpetration, of a criminal offence prescribed by the law of Bosnia and Herzegovina, for which a punishment of imprisonment of three years or a more severe punishment may be imposed, unless a heavier punishment is foreseen for preparation of a particular criminal offence,
shall be punished by a fine or imprisonment for a term not exceeding three years.

Associating for the Purpose of Perpetrating Criminal Offences
Article 249

(1) Whoever organises or directs at any level a group of people or otherwise associates three or more persons with an aim of perpetrating criminal offences prescribed by the law of Bosnia and Herzegovina, unless a heavier punishment is foreseen for such organising or associating for the purpose of perpetrating a particular criminal offence,
shall be punished by imprisonment for a term between one and ten years.
(2) Whoever becomes a member of the group of people or an association referred to in paragraph 1 of this Article, shall be punished by a fine or imprisonment for a term not exceeding three year.
(3) A member of the group who exposes such a group or a member of the association who exposes such an association prior to his having perpetrated criminal offence within its ranks or for its sake,
may be released from punishment.
(4) The organiser who prevents the perpetration of the criminal offences referred to in paragraph 1 of this Article by exposing the group or association or otherwise,
shall be punished by a fine or imprisonment for a term not exceeding one year, but may be released from punishment.


Organised crime
Article 250

(1) Whoever perpetrates a criminal offence prescribed by the law of Bosnia and Herzegovina as a member of a group for organised crime, unless a heavier punishment is foreseen for a particular criminal offence,
shall be punished by imprisonment for a term not less than three years.
(2) Whoever as a member of a group for organised crime perpetrates a criminal offence prescribed by the law of Bosnia and Herzegovina, for which a punishment of imprisonment of five years years or a more severe punishment may be imposed, unless a heavier punishment is foreseen for a particular criminal offence,
shall be punished by imprisonment for a term not less than five years.
(3) Whoever organises or directs at any level a group for organised crime which by joint action perpetrates or attempts to perpetrate criminal offence prescribed by the law of Bosnia and Herzegovina,
shall be punished by imprisonment for a term not less than ten years or a long-term imprisonment.
(4) Whoever becomes a member of a group for organised crime which by joint action perpetrates or attempts to perpetrate criminal offence prescribed by the law of Bosnia and Herzegovina, unless a heavier punishment is foreseen for a particular criminal offence,
shall be punished by imprisonment for a term not less than one year.
(5) A member of a group for organised crime referred to in paragraph 1 through 4 of this Article, who exposes that group,
may be released from punishment.

Article 25
Individual criminal responsibility
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
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:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(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.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.