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.

GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.2. Preparation and attempt of a crime

Attempt

Article 19

(1) A person that intentionally starts the perpetration of a crime, but who does not complete it, shall be punished for an attempted crime for which according to the law a sentence could be pronounced of five years of imprisonment or a more severe punishment, and for the attempt of some other crime only when the law explicitly prescribes the punishment of an attempt.

(2) The offender shall be punished for an attempt within the limits of the punishment prescribed for the crime, and he may be punished more leniently.

GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.2. Preparation and attempt of a crime

Voluntary calling off

Article 21

(1) An offender who was preparing or who attempted to commit a crime, but who voluntarily called off its perpetration may be acquitted from punishment.

(2) The perpetrator has given up the preparation of the activity when he\she has ceased any further preparations or has stopped or seriously tried to stop the commencement of the performance of the criminal activity.

(3) In case of voluntary calling off, the offender shall be punished for those activities that represent some other independent crime.

GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.3. Accessory in crime Joint perpetration

Article 22

If two or several persons, by participation in an act of perpetration or with any other significant contribution towards the performance of the crime, commit jointly a crime, each one of them shall be punished with the punishment that is prescribed for that crime.

GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.3. Accessory in crime Joint perpetration

Instigation

Article 23

(1) A person that instigates, with intent, another to committing a crime, shall be punished as if he had perpetrated the crime himself.
(2) A person that instigates, with intent, another to commit a crime, for which a sentence of five years of imprisonment or a more severe sentence could be pronounced, and there is not even an attempt of this crime, shall be punished as for an attempted crime.

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 offender 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 offender, the means with which the crime was perpetrated, the traces of the crimes or the objects obtained through the crime.

Limits of criminal responsibility and possibility of punishing the accomplices

Article 25

(1) The joint offender is criminally responsible within the limits of his intent or negligence, and the instigator and accessory - within the limits of their intent.

(2) The joint offender, instigator or accessory that voluntarily prevented the perpetration of a crime may be acquitted from punishment. This is also applicable in the case of preparation of a crime, regardless whether it is determined by law as a special crime, or whether the law prescribes as punishable the preparation of a certain crime (article 8 item 2).

(3) Personal relations, characteristics and circumstances because of which the law excludes criminal responsibility, or it permits acquittal from punishment, a more lenient or a more severe punishment, may be taken into consideration only for that offender, joint offender, instigator or accessory where such relations, characteristics and circumstances exist.

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.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Accountability of the commandants and other superiors

Article 416-b

(1) The military commandant or the person that acts on such position is criminally accountable for all crimes stipulated in the articles 403 through 416-a, committed during war or any type of armed conflict, international or domestic, by members of regular or paramilitary armed formations under his/her direct command and control, if he/she knew or according to all circumstances was obligated and could know that they prepare or commit such crimes, or if he/she failed to take all necessary and reasonable measures to prevent their commitment or if he/she prevented or failed to press criminal charges against the perpetrators of the crimes.

(2) The superior is criminally accountable for all crimes stipulated in articles 403 through 416-a, committed during armed conflict or in peace by his/her inferiors during performing official or other duty or working obligation, if he/she knew or according to all circumstances was obligated and could know that they prepare or commit such crimes, or if he/she failed to take all necessary and reasonable measures to prevent their commitment or if he/she prevented or failed to press criminal charges against the perpetrators of the crimes.

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, Criminal responsibility Article 11''

(2) The perpetrator bears criminal responsibility for a crime committed out of
negligence only when this is so determined by the law

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, Intent, Article 13''

A crime was committed with intent when the perpetrator was aware about his act and he wanted it to be committed; or when he was aware that because of his act or omission, there could be a damaging consequence, but he agreed for it to happen

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, Negligence, Article 14''

A crime is committed out of negligence when the perpetrator was aware that
because of his act or omission, a damaging consequence could happen, but
lightheartedly he thought he could prevent it or that it would not happen; or when
he was not aware of a possible damaging consequence, even though according to
the circumstances and according to his personal features he was obliged to be
and he could be aware of this possibility.

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, Responsibility for a more severe consequence, Article 15''
When the result of a crime was a more severe consequence, for which the law
prescribes a more serious punishment, this punishment may be pronounced if the
perpetrator acted out of negligence in relation to this consequence.

''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, 2. Preparation and attempt of a crime,
Attempt, Article 19''
1) A person that intentionally starts the perpetration of a crime, but who does not
complete it,
shall be punished for an attempted crime for which according to the law a sentence
could be
pronounced of five years of imprisonment or a more severe punishment, and for the
attempt of some
other crime only when the law explicitly prescribes the punishment of an attempt.
2) The perpetrator shall be punished for an attempt within the limits of the punishment prescribed for the crime, and he may be punished more leniently.

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 2. Preparation and attempt of a crime,
Unsuitable attempt, Article 20''
The perpetrator who attempts to perpetrate a crime with unsuitable means or
towards and unsuitable object may be acquitted from punishment.

Voluntary calling off Article 21
(1) An perpetrator who was preparing or who attempted to commit a crime, but
who voluntarily called off its perpetration may be acquitted from punishment.
(2) An perpetrator shall be considered to have given up preparations for committing
a crime when he/she terminated all further preparations or has prevented or has seriously tried
to prevent the commencement of commission of a crime.
(3) In case of voluntary calling off, the perpetrator shall be punished for those
activities that represent some other independent crime

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 3. Accessory in crime, Joint perpetration,
Article 22''
If two or more persons, by participation in an act of perpetration or with any other
particular contribution to the commission of a crime, commit jointly a crime, each one of
them shall be punished with the punishment that is prescribed for that crime.

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 3. Accessory in crime, Accessory,
Article 24''
(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.

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 3. Accessory in crime, Limits of criminal responsibility and possibility of punishing the accomplices, Article 25''

(3) punishable the preparation of a certain crime (article 8 paragraph 2).(3)
Personal relations, characteristics and circumstances because of which the law
excludes criminal responsibility, or it permits acquittal from punishment, a more
lenient or a more severe punishment, may be taken into consideration only for that
perpetrator, joint perpetrator, instigator or accessory where such relations,
characteristics and circumstances exist

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 4. Special provisions on criminal responsibility for crimes perpetrated through the public media, Criminal responsibility of the Chief Editor,
Article 26''
(1) The Chief Editor, respectively the person substituting for him at the time
when the information was published, is criminally responsible for crimes
committed through a newspaper or some other periodical publication, through
radio, television or through film news, if:

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, Place of perpetration of a crime
Article 31''
(1) The crime was perpetrated both at the place where the perpetrator acted or
was obliged to act, as well as at the place where the consequence appeared.

''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

''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

Article 416-b
(1) The military commanding officer or the person acting in that position shall be
responsible for the criminal acts defined in articles 403 to 416-a, carried out by regular
or paramilitary armed forces under the superior’s command or control, during a war or an
armed conflict, regardless of whether it is an international or internal situation, and
regardless of whether the superior has had any knowledge of all the criminal activities,
they were obliged to know or they could have been aware of such activities taking
place, or they has failed to take the necessary measures and prevent the activities taking
place, or they has failed to bring charges against the perpetrators of the criminal
activities.

2) The superiors shall be responsible for all the criminal activities in articles 403-416-a
that have been carried out by the subordinates on duty, during an armed conflict or
peaceful circumstances, providing they have been aware of the activities taking place
or based upon all circumstances, the superior person was obligated and could have known that such activities are prepared to be carried out, or he has failed to take the necessary and reasonable measures to prevent their execution, or prevent or has failed to bring charges forward against the
perpetrators of the crimes.

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.