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Chapter III. Criminal offense, its types and stages

Article 11. Notion of a criminal offense

1. A criminal offense shall mean a socially dangerous culpable act (action or omission) prescribed by this Code and committed by an offender.

2. Although an act or omission may have, technically, any elements of an act under this Code, it is not an offense if, due to its insignificance, it is not a social danger, i.e. it neither did nor could cause considerable harm to any natural or legal person, community, society or the state.

Article 12. Classification of criminal offenses

1. Depending on the gravity, criminal offenses shall be classified as minor offenses, medium grave offenses, grave offenses, or special grave offenses.

2. A minor criminal offense shall mean an offense punishable by imprisonment for a term up to two years or a more lenient penalty.

3. A medium grave offense shall mean an offense punishable by imprisonment for a term up to five years.

4. A grave criminal offense shall mean an offense punishable by imprisonment for a term up to ten years.

5. A special grave offense shall mean an offense punishable by more than ten years of imprisonment or a life sentence.

Article 13. Consummated and unconsummated criminal offenses

1. A consummated criminal offense shall mean an offense which comprises all elements of a criminal offense as prescribed by the relevant article of the Special Part of this Code.

2. An unconsummated criminal offense shall mean the preparation for crime and criminal attempt.

Article 14. Preparation for crime

1. The preparation for crime shall mean the looking out or adapting means and tools, or looking for accomplices to, or conspiring for, an offense, removing of obstacles to an offense, or otherwise intended conditioning of an offense.

2. Preparation to commit a minor criminal offense does not give rise to criminal liability.

Article 15. Criminal attempt

1. A criminal attempt shall mean a directly intended act (action or omission) made by a person and aimed directly at the commission of a criminal offense prescribed by the relevant article of the Special Part of this Code, where this criminal offense has not been consummated for reasons beyond that person's control.

2. A criminal attempt shall be consummated where a person has completed all such actions as he/she deemed necessary for the consummation of an offense, however, the offense was not completed for the reasons beyond that person's control.

3. A criminal attempt shall be unconsummated where a person has not completed all such actions as he/she deemed necessary for the consummation of an offense for the reasons beyond that person's control.

Article 16. Criminal liability for an unconsummated criminal offense

The criminal liability for the preparation for crime and a criminal attempt shall rise under Article 14 or 15 and that article of the Special Part of this Code which prescribes liability for the consummated crime.

Article 17. Voluntary renunciation in an unconsummated criminal offense

1. The voluntary renunciation shall mean the final discontinuation of the preparation for crime or a criminal attempt by a person of his/her own will, where that person have realized that the criminal offense may be consummated.

2. A person who voluntarily renounced to consummate a criminal offense shall be criminally liable only if the actual act committed by that person comprised elements of any other offense.

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