of the Minister of Justice and with the proviso that, according to the general principles of
law recognised by the international community, the offence in question constituted a
criminal act at the time it was committed.
(6) In the case under Article 10, the prosecution of a foreign person may be
transferred to another country under the conditions provided by the statute.
Credit for Detention Abroad
Article 15
Any period of detention and confinement during the extradition procedure, or
sentence of imprisonment served under the judgement of a foreign court, if it becomes
known at a later time, shall be credited towards the sentence imposed for the same
criminal offence by the domestic court. If sentences are of different types, the domestic
court shall decide on the appropriate method of deduction of the period served abroad. If
the convicted person server together more sentences than they were imposed on him in
the judgement before the domestic court, the surplus shall deem him wrongfully
convicted.
Chapter Three
GENERAL PROVISIONS ON CRIMINAL OFFENCE
1. Criminal Offence and Perpetrator
Criminal Offence
Article 16
A criminal offence shall mean unlawful conduct that the statute due to urgent
protection of legal values determines as a criminal offence, while defining the elements
thereof and the sentence for the guilty perpetrator.
Mode of Committing a Criminal Offence
Article 17
(1) A criminal offence may be committed by voluntary act or by omission.
(2) A criminal offence may be committed by omission only when the perpetrator
has failed to perform the act, which he was obliged to perform.
(3) A criminal offence may be committed by omission, though the offence does
not constitute criminal omission under the terms of the statute, when the perpetrator has
not prevented the occurrence of an unlawful consequence. In such cases, the
perpetrator shall be punished for omission only if he was obliged to prevent the