Report No. 43

Germany1.- (Draft Penal Code), section 368 -

(1) The court may mitigate, under section 64, paragraph 1, the punishment provided in sections 361, 362, 364, paragraph 1, and section 365, if the perpetrator voluntarily abandons the further carrying out of the act, and averts or materially lessens any danger that might exist that others will further carry out the activity, or if he voluntarily prevents completion of the act.

(2) The court may mitigate in its discretion (section 64, paragraph 2) the punishment provided in section 363 and section 364, paragraph 2, or refrain from punishment, if the perpetrator voluntarily abandons his design, and averts or materially lessens any danger that may have been caused by him that others will further prepare or carry out the activity or if he voluntarily prevents completion of the act.

(3) The court may mitigate in its discretion (section 64, paragraph 2) the punishment provided in section 366 or refrain from punishment, if the perpetrator voluntarily abandons his activity and averts or materially lessens any danger that may have been caused by him that others will further pursue the treasonable efforts therein stated. The foregoing shall apply correspondingly to acts punishable under section 367.

1. Section 82, German Penal code, 1871, is simpler.