(4) If one of the applicable laws allows for the imposition of a confiscatory expropriation order the court may impose it in addition to imprisonment for life or a fixed term of more than two years.
In addition, ancillary penalties and measures (section 11(1) No 8) must or may be imposed if one of the applicable laws so requires or allows.table of contents(1) If a person has committed more than one offence, all of which are to be adjudicated at the same time, and incurred more than one sentence of imprisonment or more than one fine, an aggregate sentence shall be imposed.(3) If the offender, pursuant to a law according to which section 43a is applicable or under the terms of section 52(4), has as one of the individual sentences incurred imprisonment for life or a fixed term of more than two years, the court may impose a confiscatory expropriation order in addition to the aggregate sentence formed pursuant to subsections (1) or (2) above; if in such cases a confiscatory expropriation order is to be imposed for more than one offence, an aggregate expropriation order shall to that extent be imposed. Section 54Fixing of aggregate sentence(2) The aggregate sentence shall be less than the sum of the individual sentences.
Section 28Special personal characteristics(2) If the law provides that special personal characteristics aggravate, mitigate or exclude punishment this shall apply only to the accomplices (principals or secondary participants) in whose person they are present.table of contents Each accomplice shall be liable according to the measure of his own guilt and irrespective of the guilt of the others.table of contents(1) A person who attempts to induce another to commit a felony or abet another to commit a felony shall be liable according to the provisions governing attempted felonies.
The sentence shall be mitigated pursuant to section 49 (1). Section 31Withdrawal from conspiracy1.gives up the attempt to induce another to commit a felony and averts2.after having declared his willingness to commit a felony, gives up his plan; or(2) If the offence is not completed regardless of his actions or if it is committed independently of his previous conduct, his voluntary and earnest effort to prevent the completion of the offence shall suffice for exemption from liability.table of contents Section 32Self-defence(2) Self-defence means any defensive action that is necessary to avert an imminent unlawful attack on oneself or another.table of contents A person who exceeds the limits of self-defence out of confusion, fear or terror shall not be held criminally liable.table of contents A person who, faced with an imminent danger to life, limb, freedom, honour, property or another legal interest which cannot otherwise be averted, commits an act to avert the danger from himself or another, does not act unlawfully, if, upon weighing the con icting interests, in particular the affected legal interests and the degree of the danger facing them, the protected interest substantially outweighs the one interfered with.
FIFTH TITLEIMMUNITY FOR STATEMENTS AND REPORTS MADE IN PARLIAMENTtable of contents Delegates of the Federal Parliament, the Federal Assembly or of a legislative body of a member state shall at all times be immune from external liability because of a vote they cast or a statement they made within one of those bodies or one of their committees.
This shall not apply to intentional defamations.table of contents Truthful reports about the public sessions of the bodies indicated in section 36 or their committees shall not give rise to any liability.table of contents FIRST TITLEPENALTIEStable of contents Section 38Term of imprisonment(2) The maximum term of fixed-term imprisonment shall be fifteen years, the minimum term one month.table of contents Imprisonment for less than a year shall be determined in full weeks and months,imprisonment for a longer period in full months and years.table of contents Section 40Day fine units(2) The court shall determine the amount of the daily unit taking into consideration the personal and financial circumstances of the offender.
His voluntary and earnest effort to prevent the completion of the offence shall suffice for exemption from liability, if the offence is not completed regardless of his actions or is committed independently of his earlier contribution to the offence.table of contents Section 25Principals(2) If more than one person commit the offence jointly, each shall be liable as a principal (joint principals).table of contents Any person who intentionally induces another to intentionally commit an unlawful act (abettor) shall be liable to be sentenced as if he were a principal.table of contents(1) Any person who intentionally assists another in the intentional commission of an unlawful act shall be convicted and sentenced as an aider.
The court may order for such time not to be credited in whole or in part if in light of the conduct of the convicted person after the offence this would be inappropriate.(3) If a convicted person has already been sentenced abroad for the same offence, the foreign sentence, to the extent it has been served, shall be credited towards the new sentence.
Subsection (1) above shall apply mutatis mutandis to any other detention suffered abroad.(5) For the purpose of crediting a period of provisional disqualification from driving (section 111a of the Code of Criminal Procedure) against a driving ban under section 44, subsection (1) above shall apply mutatis mutandis.
Section 15Intent and negligence Section 16Mistake of fact(2) Whosoever at the time of commission of the offence mistakenly assumes the existence of facts which would satisfy the elements of a more lenient provision, may only be punished for the intentional commission of the offence under the more lenient provision.table of contents If at the time of the commission of the offence the offender lacks the awareness that he is acting unlawfully, he shall be deemed to have acted without guilt if the mistake was unavoidable.
If the mistake was avoidable, the sentence may be mitigated pursuant to section 49(1).table of contents If the law imposes a more serious sentence based on an extended result if an offence, any principal or secondary participant is liable to the increased sentence only if they acted at least negligently with respect to that result.table of contents Persons who have not attained the age of fourteen at the time of the commission of the offence shall be deemed to act without guilt.table of contents Any person who at the time of the commission of the offence is incapable of appreciating the unlawfulness of their actions or of acting in accordance with any such appreciation due to a pathological mental disorder, a profound consciousness disorder, debility or any other serious mental abnormality, shall be deemed to act without guilt.table of contents If the capacity of the offender to appreciate the unlawfulness of his actions or to act in accordance with any such appreciation is substantially diminished at the time of the commission of the offence due to one of the reasons indicated in section 20, the sentence may be mitigated pursuant to section 49(1).table of contents Section 22Definition Section 23Liability for attempt(2) An attempt may be punished more leniently than the completed offence (section 49(1)).