Kazakhstan

Criminal Code of the Republic of Kazakhstan

Section II. A Crime

Article 26. Voluntary Refusal to Commit a Crime

1. Termination by a person of preparatory actions, or the termination of an act (its omission) directly aimed at the commission of a crime, shall be recognised as a voluntary refusal to commit a crime, if a person was aware of a possibility to consummate a given crime. A person shall not be subject to criminal liability for a crime, if he voluntary and decisively refused to consummate a given crime.

2. A person who voluntary refused to consummate a crime, shall be subject to criminal liability only in the case in which an act actually committed by him contains another legally defined crime.

3. An organizer of a crime and an abettor to a crime shall not be subject to criminal liability, if they prevented the consummation of a given crime by its performer by communication to the state bodies, or by other undertaken measures. An accomplice in a crime shall not be subject to criminal liability, if, prior to the consummation of a given crime by its performer, he refuses to render collaboration which was earlier promised, or eliminates the results of assistance already rendered.

4. If acts of an organizer or abettor which are indicated in the third part of this Article did not lead to the prevention of a given crime by its performer, then measures undertaken by them shall be recognised by a court as mitigating circumstances when appointing punishment.

Keywords

Voluntary withdrawal



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