If the perpetrator has attempted to commit a criminal offence by inappropriate
means or to harm an inappropriate object, his sentence may be withdrawn.
Voluntary Abandonment of Attempt
Article 36
(1) If the perpetrator has attempted to commit a criminal offence but voluntarily
desisted to go through with it, his sentence may be withdrawn.
(2) If the perpetrator voluntarily desists from committing a criminal offence, he
shall be punished for those acts, which present some other independent criminal
offence.
4. Participation in Criminal Offence
Criminal Solicitation
Article 37
(1) Any person who intentionally solicits another person to commit a criminal
offence shall be punished as if he himself had committed it.
2) Any person who intentionally solicits another person to commit a criminal
offence, for which the sentence of three years' imprisonment or a heavier sentence may
be imposed under the statute, shall be punished for the criminal attempt even if the
committing of such an offence had never been attempted.
Criminal Support
Article 38
(1) Any person who intentionally supports another person in the committing of a
criminal offence shall be punished as if he himself had committed it, or his sentence
shall be reduced, as the case may be.
(2) Support in the committing of a criminal offence shall be deemed to be
constituted, in the main, by the following: counselling or instructing the perpetrator, on
how to carry out the criminal offence; providing the perpetrator with instruments of
criminal offence or removing the obstacles for the committing of criminal offence; a priori
promises to conceal the perpetrator’s criminal offence or any traces thereof; instruments
of the criminal offence or objects gained through the committing of criminal offence.
Punishability of Those Soliciting or Supporting a Criminal Attempt
Article 39