GENERAL PART
2. A CRIME AND CRIMINAL RESPONSIBILITY
2.2. Preparation and attempt of a crime
Preparation
Article 18
(3) When the law prescribes punishment for the preparation of a certain crime, the preparation may consist of procurement or adaptation of means for the perpetration of a crime ; of removing hindrances for committing the crime; of making agreements, planning or organizing together with other perpetrators of a crime; as well as of other activities with which conditions are created for direct perpetration of the crime, and which do not represent an action of perpetration.
SPECIAL PART
33. CRIMES AGAINST THE PUBLIC ORDER
Conspiracy to commit a crime
Article 393
(1) A person who conspires with another to commit a crime, for which a punishment of imprisonment of three years or more may be pronounced, shall be punished with a fine, or with imprisonment of up to one year.
(2) The sentence stipulated in paragraph 1 shall be also imposed to one that will agree to a crime for which imprisonment of four years or more severe sentence is provided.
SPECIAL PART
34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW
Organizing group and urging for commitment of genocide and war crimes
Article 416-a
(1) One who will organize a group with an intention to commit crimes stipulated in the articles 403 through 416, shall be sentenced with imprisonment of at least eight years.
(2) One who will become a member of the group stipulated in paragraph 1, shall be sentenced with imprisonment of at least four years.
(3) Member of the group stipulated in the paragraph 2, who will disclose the group before he/she commits crime as its member or in its behalf, shall be pardoned.
(4) One that calls on or urges for commitment of the crimes stipulated in the articles 403 through 416, shall be sentenced with imprisonment of one to ten years.
''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 2. Preparation and attempt of a crime,
Preparation, Article 18''
(1) A person intentionally preparing a crime shall be punished only when this is
explicitly so determined by law.
(2) The preparation of a crime may be determined by law as a special crime,
or it may be prescribed by law that the preparation of a certain crime is
punishable.
(3) When the law prescribes punishment for the preparation of a certain crime,
the preparation may consist of procurement or adaptation of means for the
perpetration of a crime; of removing hindrances for committing the crime; of making
agreements, planning or organizing together with other perpetrators of a crime; as
well as of other activities with which conditions are created for direct perpetration of the crime, and which do not represent an action of perpetration.
''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 3. Accessory in crime, Limits of criminal responsibility and possibility of punishing the accomplices, Article 25''
(1) The joint perpetrator is criminally responsible within the limits of his intent
or negligence, and the instigator and accessory - within the limits of their intent.
''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, Place of perpetration of a crime
Article 31''
(3) An accessory act shall be considered to have been committed both at the place
where theperpetrator or the co-conspirator acted and at the place where an
accomplice acted or was supposed
''Conspiracy to commit a crime, Article 393''
1) A person who conspires with another to commit a crime, for which a
punishment of imprisonment of three years or more may be pronounced, shall be
punished with a fine, or with imprisonment of up to one year.
2) The punishment defined in paragraph (1) also applies to the person that shall
agree to carry out a criminal act for which the punishment is a prison sentence of
up to 4 years or a more rigorous punishment.
Criminal association
Article 394
1) A person who creates a group or gang that has the aim of committing crimes for
which a punishment of imprisonment of three years or more may be pronounced,
shall be punished with imprisonment of one to five years.
2) The member of the group or gang shall be punished with imprisonment of three
months to three years.
3) If the purpose of a gang or a group is to commit crimes, for which the
punishment is at least 8 years imprisonment, the organizer shall be given a prison
sentence of up to four years and the group member or the gang shall be given a
prison sentence of 1 to 5 years.
''Abuse of international signs, Article 416''
1) A person who abuses or without authorization carries the flag or the sign of the
United Nations Organization, or the signs or flag of the Red Cross, or signs that
correspond to them, international telecommunication signs, signs of cultural heritage or
other acknowledged international signs with which certain facilities are marked, shall be
punished with imprisonment of three months to three years.
2) The punishment from paragraph (1) shall also apply to the person that by misusing a
ceasefire flag, military signs or an enemy’s uniform shall instigate death or grievous
bodily harm to another person.
(3) A person, who commits the crime from paragraphs 1 and 2 in a zone of military
operations, shall be punished with imprisonment of six months to five years
Accessory Article 24
(1) A person who with intent assists in the perpetration of a crime shall be punished as if he had committed the crime himself, and he may be punished more leniently.
(2) As accessory to perpetrating a crime shall be considered especially: giving advice or instructions how to commit the crime; making available to the perpetrator means for committing the crime; removal of hindrances for perpetrating the crime; as well as giving promise in advance for covering up the crime, the perpetrator, the means with which the crime was perpetrated, the traces of the crimes or the objects obtained through the crime.
Organizing a group and instigating genocide and war crimes Article 416-a
(1) The One who organizes a group for performing crimes from Article 403 to 416 shall be punished with imprisonment of up to eight years.
2) The One who shall become member of the group from paragraph (1) shall be punished with imprisonment of at least four years.
3) The Member of the group from paragraph (2), who shall disclose the group before the crime was committed, shall be acquitted of punishment.
4) The one who provokes or instigates on performance of crimes from Article 403 to 416 shall be punished with imprisonment of one to ten years.
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:
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;