completed offence. This shall, in particular, be done in cases where the attempt
indicates that the offender is less dangerous and his/her resolution not as firm as
that of persons who bring such offences to completion.
If, in terms of the interests targeted or the act itself, the attempt could not have
resulted in the offence being brought to completion, it may be decided that
punishment is to be waived.
Art. 21 Punishment for an attempted offence shall be waived if the person guilty
of it abandons, of his or her own accord, the decision to commit the offence before
it is brought to completion, providing its commission was not aborted or
obstructions or other accidental circumstances did not prevent the attainment of the
intended result
and, assuming that the perpetrator, through his or her action, caused or believed he
or she had caused, a danger that the offence would be brought to completion, he or
she moreover prevented this, or took measures which would have prevented it, if
the completion of the offence had not been hindered in another manner, without his
or her knowledge, or been impossible.
Art. 22 Any person who, by assisting in word or deed, through persuasion,
encouragement or in any other manner, contributes to the commission of an offence
under this Act shall incur the punishment prescribed for the offence.
If the share of a contributor to the offence is minor, or if it consists of
strengthening another person’s resolve that has already been formed, and if the
offence is not brought to completion or if the intended participation in it is
unsuccessful, the contributor may be sentenced to a more lenient punishment than
is prescribed in law for the offence.
Under the circumstances described in the second paragraph, and also if a person
has chanced by negligence to participate in an offence, punishment may be waived
if the offence falls under a punitive provision in which the prescribed punishment is
not greater than [up to one year’s imprisonment].
If the offence is brought to completion, a person who provides the actual
perpetrator or another person with assistance in maintaining an unlawful situation
that has come into being as a result of the offence, or who derives profit from it,
shall be punished according to the provisions of this Article providing that his or
her actions are not covered by other provisions in law.
1)
1)
L. 82/1998, 2. gr.
Art. 23 An accessory to an offence shall not be punished if he or she averts an
offence or takes measures in the way described in Article 21 that would have
prevented it had its realisation not, without his or her knowing, been aborted in
another manner, failed or been impossible.