§ 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. 8

Select target paragraph3