Act C of 2012 on the Criminal Code (as in force on 1 April 2022)
This document has been produced for informational purposes only.
Liability for result as a qualifying circumstance
Section 9 The more severe legal consequences attached to the result of a criminal offence,
as a qualifying circumstance, shall only be applied if the perpetrator was at least negligent
regarding the result.
Attempt
Section 10 (1) A person shall be punishable for attempt if he commenced but did not
complete the commission of an intentional criminal offence.
(2) An attempt shall be subject to the same penalty range as the completed criminal offence.
(3) The punishment may be reduced without limitation or dispensed with if the attempt was
made on an unsuitable object, with an unsuitable instrument, or in an unsuitable manner.
(4) A person shall not be liable to punishment for attempt if
a) the criminal offence is not completed due to his voluntary abandonment, or
b) he voluntarily averts the occurrence of the result.
(5) If, in a case specified in paragraph (4), the attempt constitutes a criminal offence in and
of itself, the perpetrator shall be punished for that criminal offence.
Preparation
Section 11 (1) If specifically required by this Act, a person shall be punishable for
preparation if, for the purpose of committing a criminal offence, he provides the conditions
necessary for it or facilitating it, or invites, offers or undertakes to commit, or agrees to
commit jointly, the criminal offence.
(2) A person shall not be liable to punishment for preparation if
a) the commission of the criminal offence is not commenced due to his voluntary
abandonment, or
b) he withdraws his earlier invitation, offer, or undertaking in order to avert commission, or
seeks to have the other participants abandon the commission, provided that the commission of
the criminal offence is not commenced for any reason, or
c) he reports the preparation to the authority before the commission of the criminal offence
is commenced.
(3) If, in a case specified in paragraph (2), the preparation constitutes a criminal offence in
and of itself, the perpetrator shall be punished for that criminal offence.
The perpetrator
Section 12 Offenders, indirect offenders, and joint offenders (hereinafter jointly the
“offenders”), and instigators and abettors (hereinafter jointly the “accessories”) shall be the
perpetrators.
Section 13 (1) Offender means a person who fulfils the statutory elements of a criminal
offence.
(2) Indirect offender means a person who fulfils the statutory elements of an intentional
criminal offence by using a person who is not liable to punishment for this act due to infancy,
mental disorder, coercion or threat, or is in error.
(3) Joint offenders mean persons who fulfil the statutory elements of an intentional criminal
offence jointly and with knowledge of the activities of each other.
Section 14 (1) Instigator means a person who intentionally induces another person to
commit a criminal offence.
(2) Abettor means a person who intentionally provides assistance for the commission of a
criminal offence.
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