'Voluntary withdrawal' in document 'Bosnia and Herzegovina- Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

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

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.

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

XIV C H A P T E R F O U R T E E N
LIABILITY OF LEGAL PERSONS FOR CRIMINAL OFFENCES

General Reasoning for Less Severe Punishment of Legal Person or Release from Punishment
Article 130

(1) A legal person, whose managerial or supervisory authority has willingly reported on the perpetrator upon a criminal offence perpetrated, may be punished less severely.
(2) A legal person whose managerial or supervisory authority, following the perpetration of a criminal offence, decides to return the illegally obtained material gain or to remove the caused harmful effects or to communicate the information concerning the grounds for holding the other legal persons responsible, may be released from 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

(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.

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

Associating for the Purpose of Perpetrating Criminal Offences
Article 249

(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.

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

Organised crime
Article 250
(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.

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.