CHAPTER VI – INCHOATE CRIMES

Article 18 – Preparation of a crime

1. Intentional creation of conditions for committing a crime shall be considered preparation of a crime.

2. Criminal liability shall be determined only for the preparation of serious and particularly serious crimes and for the preparation of crimes provided for by articles 182(1), 186(1) and (2), 1941 (1) and (2), 202(1), 221(1)-(3), 332(1) and (2), 339(1), 3391(1) and (2), 344, 3441 (1), 365(1)-(3) and 372(1) of this Code.

3. Criminal liability for the preparation of a crime shall be defined under a respective article of this Code providing for liability for a completed crime, by making reference to this article.


Article 19 – Attempted crime

1. An attempted crime shall be an intentional act that was aimed at committing a crime but the crime was inchoate.

2. Criminal liability for an attempted crime shall be determined under a respective article of this Code providing for liability for a completed crime, by making reference to this article.


Article 20 – Releasing from liability for inchoate crimes

A person shall not be criminally liable for the preparation of a crime or for an attempt if, due to his/her ignorance or other personal defect, the intended unlawful consequences could not have been accomplished through the means by which it was to be committed.


Article 21 – Voluntary abandonment of a crime

1. A person shall not be criminally liable, if he/she voluntarily and for good abandons the completion of a crime.

2. A person who voluntarily abandons the completion of a crime shall be criminally liable if the act actually committed by him/her comprises some other crime.

3. Organisers, abettors and aiders of a crime shall not be criminally liable if they dissuaded the principal, timely informed relevant authorities or otherwise prevented the principal or other accomplices from completing the crime. An aider shall not be criminally liable either if he/she, before the principal started the commission of the crime, refused to perform the promised act, or before the principal completed the crime he/she took back the instrument or means he/she has made available for the commission of the crime.

4. If, through their actions, the organiser, abettor and a person providing psychological assistance have failed to preclude the principal from completing the crime, then the court, in imposing punishment, may consider the measures taken by them as a circumstance mitigating their liability .

5. A person who has done everything he/she could to accomplish the relevant consequences of corpus delicti, but later, prevented those consequences through his/her voluntary act, shall also not be criminally liable.


CHAPTER VII – PERPETRATION AND COMPLICITY IN CRIME

Article 22 – Perpetration

A principal is a person who immediately commits or has immediately participated in the commission of a crime together with another person (joint principal), also a person who has committed a crime through another person who, under this Code, shall not be criminally liable due to his/her age, insanity or other circumstances.


Article 23 – Complicity in a crime

Complicity in a crime shall mean joint participation of two or more persons in the commission of an intentional crime.


Article 24 – Types of accomplices

1. A person who organised the commission of a crime or directed its execution, as well as a person who created and guided an organised group, shall be deemed an organiser .

2. A person who persuaded another person to commit an intentional crime shall be deemed an abettor .

3. A person who provided assistance in the commission of the crime shall be an aider .


Article 25 – Liability of the principal and accomplice

1. A principal and accomplice shall be criminally liable only according to their own guilt based on the single unlawful act, taking into consideration the nature and extent of participation of each of them in the commission of the crime.

2. Criminal liability of a joint principal shall be determined under the relevant article of this Code, without making reference to this article.

3. Criminal liability of the organiser, abettor and aider shall be determined under the relevant article of this Code, by making reference to this article, except when they , at the same time, are joint principals of the crime.

4. When there is an element present in the personality of the principal or accomplice that is characteristic of an unlawful act, then this element shall be attributed to another principal or accomplice in whose person it was not present, if he/she was aware of this element.

5. Personal feature that is characteristic of guilt or personality of one of the principals or accomplices shall be attributed to the principal or accomplice who is characterised by that feature.

6. For complicity in a crime in which the principal may be a special subject of the relevant crime under this Code, the person shall be criminally liable as the organiser, abettor or aider .

7. If the principal has not completed the crime, the accomplice shall bear criminal liability for complicity in the preparation of the crime or in the attempt. Criminal liability for the preparation of a crime shall also be imposed on the person who, due to the circumstances beyond his/her control, failed to persuade another person to commit the crime.

Article 27 – Crimes committed jointly by mor e than one person

4. In cases provided for by the relevant articles of this Code, criminal liability for setting up or directing an organised group shall be imposed on the person who created or directed such a group. Liability for all the crimes committed by this group shall be imposed on the same person if the latter intended to commit those crimes. Other participants of an organised group shall bear liability for the participation of the group in cases provided for by the relevant article of this Code, as well as for the crime in the preparation or commission of which they participated.