GENERAL PART

Chapter Three
CRIMINAL OFFENCE

3. Complicity in Criminal Offence

Aiding and Abetting
Article 35

(1) Anyone aiding another with intent in committing a criminal offence shall be punished as prescribed by law for such criminal offence, or by a mitigated penalty.

(2) The following, in particular, shall be considered as aiding in the commission of a criminal offence : giving instructions or advice on how to commit a criminal offence ; supply of means for committing a criminal offence ; creating conditions or removal of obstacles for committing a criminal offence ; prior promise to conceal the commission of the offence, offender, means used in committing a criminal offence, traces of criminal offence and items gained through the commission of criminal offence.

GENERAL PART

Chapter Three
CRIMINAL OFFENCE


3. Complicity in Criminal Offence

Limits of Culpability and Punishment of Accomplices
Article 36

(1) An accomplice is culpable for a criminal offence within the limits of his intent or negligence, and the inciter and abettor within the limits of their intent.

(2) Grounds which preclude the culpability of the perpetrator (Art. 23, 28 and 29 hereof) do not preclude a criminal offence of co-perpetrators, inciters or abettors if they are culpable.

(3) Personal relations, characteristics and circumstances due to which the law allows remittance of punishment, or that affect sentencing, may be taken in consideration only for such perpetrator, co-perpetrator, inciter or abettor where such relations, characteristics and circumstances exist.

(4) Personal relations, characteristics and circumstances representing an essential element of a criminal offence do not have to exist with an inciter or abettor. An inciter or abettor having no such personal characteristic may be given a mitigated penalty.


4. Punishment of Inciter and Abettor for an Attempt

Attempt and Lesser Criminal Offence
Article 37

(1) If a criminal offence remains an attempt, the inciter and abettor shall be punished for the attempt.

(2) If an offender commits a lesser criminal offence than the one incited to or abetted, and which would have been comprised in such offence, the inciter and abettor shall be punished for the committed criminal offence.

(3) provision of paragraph 2 of this Article shall not apply if the inciter would receive more severe penalty by application of Article 34, paragraph 2 hereof.

Article 30

Whoever commences a criminal offence with premeditation but does not complete it shall be punished for an attempted criminal offence if such offence is punishable by law with a term of imprisonment of five years or more, and for the attempt of other criminal offences only when the law explicitly provides for the punishment of attempt.

A perpetrator shall be punished for an attempt with a punishment prescribed for the criminal offence or with a lighter punishment.

Article 31

An offender who attempts to commit a criminal offence with an inappropriate tool or against an inappropriate object may be remitted from punishment.

Voluntary Abandonment

Article 32

An offender who attempted to commit a criminal offence but voluntarily abandoned the act of commission or prevented occurrence of consequences may be remitted from punishment.

The provision of paragraph 1 of this Article shall not apply if the offender has not completed the criminal offence due to circumstances preventing or considerably hindering commission of the criminal offence, or because he assumed that such circumstances were present.

An accessory, instigator or abettor who voluntarily prevents commission may also be remitted from punishment.

In cases specified in paragraphs 1 and 3, if the offender completes some other criminal offence that is independent of the offence he abandoned, the offender may not be remitted from punishment for such other offence on the same grounds.

Article 35

Anyone who, with intent, aids another in committing a criminal offence shall be punished with the penalty prescribed by law for such criminal offence, or with a mitigated penalty.

The following, in particular, shall be considered aiding in the commission of a criminal offence: giving instructions or advice on how to commit a criminal offence, placing at the disposal of the perpetrator the necessary means to commit the criminal offence, creating the necessary conditions or removing obstacles for the commission of the criminal offence, and making a prior promise to conceal the criminal offence, the offender, means used in committing the criminal offence, traces of the criminal offence, or items acquired through the commission of the criminal offence.

Article 36

An accomplice is culpable for a criminal offence within the limits of his intent or negligence, and the instigator and abettor within the limits of their intent.

Article 30

As a rule, joint criminal proceedings shall be conducted:
3) against accomplices, concealers, persons who assisted the perpetrator after the commission of the criminal offence, as well as persons who failed to report the preparation of a criminal offence, commission of the criminal offence or the perpetrator;

Article 2
3) the criminal offence of aiding and abetting an offender after the commission of a criminal offence referred to Article 333 of the Criminal Code, if committed in connection with criminal offences referred in sub –paragraphs 1) and 2) of this Article.