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CHAPTER II
CRIMINAL RESPONSIBILITY

Article 12
Age for criminal responsibility
A person bears criminal responsibility if, at the time he or she commits an offence, has reached the age of fourteen.
A person who commits a criminal contravention bears responsibility at the age of sixteen.

Article 13
Causal connection
No one bears criminal responsibility if there is no causal connection between his action or inaction and the actual consequences or their probability to get realized.

Article 14
Guilt
No one shall be sentenced for an action or inaction which is provided for by law as a criminal act if the latter is not guilty of committing the action or inaction.
A person is guilty if he commits the criminal act intentionally or because of negligence.

Article 15
Intention
A criminal act is committed intentionally when the person foresees the consequences of the criminal act and wants them to occur or, although he foresees but does not want them, consciously allows them to occur.

Article 16
Negligence
A criminal act is committed because of negligence when the person, although he does not want its consequences, foresees the possibility of their occurrence and with light mindedness attempts to avoid them, or when he does not foresee the consequences, but according to the circumstances, he should and could have foreseen them.

Article 17
Irresponsibility because of the person's mental state
A person does not bear criminal responsibility if, at the time of the commitment of the act, he suffered from psychic or neuropsychic disorders ruining his mental balance entirely and, consequently, was unable either to control his actions or inactions, or to understand the criminal act he was committing.
A person is responsible if, at the time of the commitment of the criminal act, he suffered from psychic or neuropsychic disorders which lowered his mental balance [and capacity] to understand and fully control his actions or inactions, but this circumstance will be considered by the court when deciding on the degree and the kind of punishment.

Article 18
Criminal act committed when inebriated
A person is not excluded from criminal responsibility if he commits the act while inebriated.
When the state of inebriation is accidental and brings about the lowering of mental balance, the court considers this circumstance for mitigating the sentence.
When the person is intentionally inebriated in order to commit a criminal act, the court considers this circumstance for aggravating the sentence.
The above mentioned rules are also applied when the criminal act is committed under the effect of narcotics or other stimulants.

Article 19
Necessary defense
A person bears no criminal responsibility if he commits the act while being compelled to protect his or somebody else's life, health, rights and interests from an unfair, real and accidental attack, provided that the defense is proportionate to the dangerousness of the attack.
Obvious disproportion between them constitutes excessiveness over the limits of necessary defense.

Article 20
Extreme necessity
A person does not bear criminal responsibility if he commits the criminal act because of the necessity to confront a real and accidental danger which threatens him, another person or property from a serious damage which is not avoidable through other means, unless it has been instigated by him and the damage incurred is greater than the damage avoided.

Article 21
Exercising a right or fulfilling a duty
A person bears no criminal responsibility if he acts to exercise rights or fulfill duties determined by law or an order ruled by a competent authority, unless the order is obviously unlawful.
When the criminal act is committed as a result of an unlawful order, then the person who has given such an order shall be held responsible.

CHAPTER III
ATTEMPT

Article 22
The meaning of attempt
A criminal act is considered an attempt when, although the person undertakes straightforward actions to commit such criminal act, it discontinues or is not completed due to circumstances independent of his will.

Article 23
Responsibility for the attempt
The person attempting to commit a crime shall be held responsible.
Considering the stage until the realization of the consequence, as well as the causes due to which the offence remained an attempt, the court may mitigate the sentence, and may lower it under the minimum provided for by law, or may decide for a kind of punishment milder than the one provided for by law.

Article 24
Giving up the commitment of a criminal act
A person bears no criminal responsibility if, on his own will and in a definite way, declines to commit a criminal act, despite the opportunities he may have for committing the act.
In the case that the actions committed up to that time contain elements of another criminal act, the person shall be held responsible for the acts committed.

CHAPTER IV
COLLUSION

Article 25
Meaning of collusion
Collusion is the agreement of two or more persons to commit a criminal act.

Article 26
Collaborators
Collaborators in committing a criminal act are considered: the organizers, executors, instigators, and helpers.
Organizers are those persons who organize and manage the activity to commit the criminal act.
Executors are those persons who carry out direct actions to realize the criminal act.
Instigators are those persons who instigate the other collaborators to commit a criminal act.
Helpers are those persons who, through advice, instructions, concrete means, abolition of obstacles, promises to hide collaborators, tracks or things relevant to the criminal act, help to carry it out.

Article 27
Responsibility of collaborators
Organizers, instigators, and helpers bear the same responsibility as the executors for the criminal act committed.
In deciding for the sentencing of collaborators, the court should consider the level of participation and the role played by everyone in committing the criminal act.

Article 28
Armed gang and criminal organization
Armed gang and criminal organization represent particular forms of collusion which differ not only with respect to the number of participants, but also on their level of organization and persistence to commit a number of criminal acts.
A criminal organization represents the highest degree of collusion for committing a consistent criminal activity.
The creation and participation in an armed gang or in criminal organizations, as well as their committing of criminal acts, are qualified as specific criminal acts and are punished according to the provisions of the Special Part of this Code.
Members of an armed gang or a criminal organization bear responsibility for all criminal acts committed by the gang or the organization if they have acted either as organizers or executors or instigators or helpers.
A member of an armed gang or a criminal organization bears no criminal responsibility for collusion when he repents and helps the competent authorities in order to prevent the [criminal] activity and discover the collaborators.
It is a circumstance for mitigating the punishment, and in some particular cases, for lowering it under the minimum provided for by law, if a member of an armed gang or of a criminal organization which has committed criminal acts repents and cooperates with the competent authorities to discover the [criminal] activity and the other collaborators.
If the court holds that the role played by the member of the armed gang or criminal organization who repents is not cardinal, when the acts he has committed are not extremely dangerous and when the help he has given for the discovery of the [criminal] activity and of the collaborators of the gang is important, it may exclude him from sentencing.

CHAPTER V
PUNISHMENTS
Article 29
Principal punishments
The following punishments shall apply to the offenders:
1. Capital punishment or life imprisonment;
2. Imprisonment;
3. Fine;
A person who has committed a criminal contravention shall suffer the following principal punishments:
1. Imprisonment;
2. Fine.
Article 30
Supplementary punishments
Besides the principal punishment, a person who has committed offences or criminal contravention may also be sentenced to one or some of the following supplement punishments:
1. Denial of the right to work as a state employee or in the public service;
2. Confiscation of the means relevant to the commitment of the criminal act and of the profits deriving from it;
3. Ban on driving ;
4. Stripping the decorations, honorary titles.
5. Deprivation of the right to exercise a profession or skill;
6. Deprivation of the right to undertake leading positions related to juridical persons;
7. Denial of the right to stay in one or some administrative units;
8. Expulsion from the territory;
9. Compulsion to make the court sentence public.
In particular cases, when sentencing the criminal punishment is deemed to be inappropriate and when the law provides for imprisonment up to 3 years or other lighter punishments, the court may decide only for the supplementary sentence.

Article 31
Life imprisonment or capital punishment
The court decides for life imprisonment when a serious offence has been committed. In special cases, for an extremely serious offence, the court may sentence the capital punishment.
Life imprisonment or capital punishment is not applied to persons who at the time when the offence is committed were younger than eighteen years old, or are women.
Life imprisonment or capital punishment are both provided for at the Special Part of this Code.

Article 32
Imprisonment
Imprisonment sentences for offences committed range from five days to twenty-five years.
Imprisonment sentences for criminal contravention range from five days to two years
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