the crime, shall exclude the intentional nature of this crime.
(2) This rule shall apply also to acts committed through negligence, where the lack of
knowledge itself of the factual circumstances was not due to negligence.
Article 15
An act shall be considered not culpably committed where the perpetrator was not obliged
to or was unable to foresee the occurrence of the consequences dangerous to society (accidental
act).
Article 16
An act shall be considered not culpably committed where perpetrated in fulfilment of
unlawful official order given in the established manner, unless it imposes the commission of
crime obvious to the perpetrator.
Article 16a
(New, SG No. 84/2013)
(1) (Previous text of Article 16a, SG No. 74/2015) An act shall not be considered culpably
committed if performed by a person who is a victim of human trafficking and was forced to
perform such act in direct relation to being such victim.
(2) (New, SG No. 74/2015) An act shall not be considered culpably committed if
performed by a minor who was a victim of a crime under Article 155, 156, 158a, and 188(2), or
by a minor who was used for the production of pornographic material and was forced to perform
the act in direct relation to being such victim.
Section II
Preparation and Attempt
Article 17
(1) Preparation shall be the getting ready of the means, the finding of accomplices and the
creating of conditions in general for the perpetration of intended crime, before the
commencement of its perpetration.
(2) Preparation shall be punishable only in the cases provided for by the law.
(3) The acting person shall not be punished where he has given up the perpetration of the
crime of his own accord.
Article 18
(1) An attempt shall be the commenced perpetration of intentional crime, whereas the act
has not been completed or, although completed, the consequences dangerous to society provided
by the law and desired by the perpetrator have not occurred.
(2) For an attempt, the perpetrator shall be punished by the punishment provided for
completed crime, with due consideration taken of the degree of implementation of the intent and
the reasons because of which the crime remained unaccomplished.
(3) For an attempt, the perpetrator shall not be punished where of his own accord:
a) he has given up the completion of the crime, or
b) he has averted the occurrence of criminal consequences.