GENERAL PART

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

Limitations in Culpability and Punishability of Collaborators
Article 32

(2) The court shall refrain from imposing a punishment on an accomplice, inciter or accessory that has voluntarily prevented perpetration of the criminal offence.

GENERAL PART

VI – CHAPTER SIX

CULPABILITY Existence of Guilt
Article 33

(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.