Bosnia and Herzegovina

Criminal Code of Bosnia and Herzegovina

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.

Keywords

Individual criminal responsibility



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