If the perpetration of a criminal offence falls short of the intended consequence, those soliciting (hereinafter, the instigator) or supporting (hereinafter, the aide) the criminal attempt shall be punished according to the prescriptions that apply to the criminal attempt. Limits of Punishability of Accomplices Article 40 (1) The perpetrator, the instigator and the aide shall be punished for criminal offences within the limits of their intent. (2) If the instigator or the aide voluntarily prevented the intended criminal offence from being accomplished, his sentence may be withdrawn. (3) Personal relations, attributes and circumstances, on the basis of which the guilt or punishability are excluded by law or sentence remitted, reduced or extended, shall be taken into consideration only with respect to the accomplice (hereinafter, the accomplice), by whom such relations, attributes and circumstances were determined. Liability of Members and Leaders of Criminal Organisation Article 41 (1) A severer sentence may be prescribed for an intentional criminal offence with a prescribed sentence of more than three years of imprisonment if the criminal offence was committed within a criminal organisation. (2) A member (hereinafter: the member) of a criminal organisation with at least three persons shall be punished with a severer sentence under paragraph 1 of this Article if he commits the criminal offence to implement the criminal organisation’s plan in association with at least one member as an accessory or accomplice. (3) In the case referred to in paragraph 2 of this Article, the leader of the criminal organisation, who led the implementation of the criminal plan or had at his disposal illegally gained property benefits at the time of committing the criminal offence based on the criminal plan, notwithstanding whether he participated at its implementation directly as the perpetrator or accessory pursuant to Articles 20 or 37 and 38 of this Penal Code, shall be punished the same as the perpetrator. 5. Punishability of Legal Persons Liability of Legal Persons for Criminal Offences Article 42