(1) If in cases under section 138 the offence has not been attempted the court may order a discharge.
(2) A clergyman shall not be obliged to report what has been confided to him in his capacity as a spiritual counsellor.
(3) Whosoever fails to report an offence, if the report would have had to be made against a relative, shall be exempt from liability if he made earnest efforts to dissuade him from committing the offence or to avert the result, unless it is a case of
1. murder (section 211 or section 212);
2. genocide under section 6 No 1 of the Code of International Criminal Law, or a crime against humanity under section 7(1) of the Code of International Criminal Law, or a war crime under section 8(1) No 1 of the Code of International Criminal Law;
3. abduction for the purpose of blackmail (section 239a(1)), hostage taking (section 239b(1)) or an attack on air or maritime traffic (section 316c(1)) by a terrorist organisation (section 129a, also in conjunction with section 129b(1)).
Under the same conditions an attorney, defence counsel, physician, psychotherapist, or child or youth psychotherapist shall not be obliged to report what was confided to them in their professional capacity. The professional assistants of those persons named in the 2nd sentence above and those persons who work for them as part of their professional education shall not be obliged to report what they learn in their professional capacity.
(4) Whosoever averts the commission or the result of the offence other than by reporting shall be exempt from liability. If the commission or result of the offence does not take place regardless of the contribution of the person obliged to report his earnest efforts to avert the result shall suffice for exemption from liability.