(1) The court in cases under section 325a(2), section 326(1) to (3), section 328(1) to (3) and section 330a(1), (3) and (4) may in its discretion mitigate the sentence (section 49(2)) or order a discharge under these provisions if the offender voluntarily averts the danger or eliminates the condition he caused before substantial damage occurs. Under the same conditions the offender shall not be liable under section 325a(3) No 2, section 326(5), section 328(5) and section 330a(5).

(2) If the danger is averted or the unlawfully caused condition eliminated regardless of the contribution of the offender his voluntary and earnest efforts to avert or eliminate them shall suffice.