§ 2. When the commission of a prohibited act was not attempted, the court may apply
extraordinary mitigation of punishment or even renounce the imposition of the penalty.
Article 23. § 1. A person co-operating in the perpetration of an prohibited act, who voluntarily
prevented its perpetration shall not be liable for penalty.
§ 2. The court may apply extraordinary mitigation of punishment with regard to a person cooperating in perpetration, who voluntarily tried to prevent the perpetration thereof.
Article 24. Whoever incites another person to commit a prohibited act, in order to direct criminal
proceedings towards such a person, shall be liable as for instigating; in this case Articles 22 and 23 shall
not be applied.
Chapter III. Exclusion of penal liability
Article 25. § 1. Whoever in necessary defence repels a direct illegal attack on any interest
protected by law, shall not be deemed to have committed an offence.
§ 2. In the event that the limits of necessary defence have been exceeded, in particular when the
perpetrator has used a means of defence disproportionate to the danger of the attack, the court may
apply extraordinary mitigation of the penalty and even renounce its imposition.
§ 3. The court shall renounce the imposition of the punishment if exceeding the limits of
necessary defence resulted from fright or emotional distress, as justified by the circumstances of the
attack.
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