property necessary for survival, which he has not caused himself, shall not be found
guilty if such threat could not have been averted in any other way, and the perpetrator
was not obliged to expose to it as well.
(2) Any person who shall commit a criminal offense out of necessity under the
conditions referred to in paragraph 1 of this Article in order to avert the threat to other
values recognised by law, shall not be punished provided that the evil thus incurred does
not exceed the evil which threatened him.
(3) A reduced sentence may be imposed on any perpetrator who in cases under
paragraphs 1 and 2 of this Article, by reason of negligence, has caused the danger
himself or whose conduct has exceeded the limits of necessity, and if the perpetrator
has acted beyond such limits under particularly mitigating circumstances, his sentence
may be withdrawn.
Limits of Punishability
Article 33
(1) If the statute determines that an act with elements of a criminal offence due
to special circumstances, relations, or characteristics of the perpetrator is not punishable
by law, the perpetrator shall not be prosecuted because of such criminal offence.
(2) If because of the exclusion of punishability under paragraph 1 of this Article
the perpetrator is not criminally liable, this shall not present an obstacle for another legal
liability to be imposed against him for the committed criminal offence.
3. Attempt of Criminal Offence
Attempt
Article 34
(1) Any person, who intentionally initiated a criminal offence but did not
complete it, shall be punished for the criminal attempt, provided that such an attempt
involved a criminal offence, for which the sentence of three years' imprisonment or a
heavier sentence may be imposed under the statute; attempts involving any other
criminal offences shall be punishable only when so expressly stipulated by the statute.
(2) Against the perpetrator, who attempted to commit a criminal offence, the
sentence shall be applied within the limits prescribed for such an offence or it may be
reduced.
Inappropriate Attempt
Article 35