'Attempt' in document 'Finland - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Decree on the application of chapter 1, section 7 of the Criminal Code (627/1996)

Section 1

(2) Also a punishable attempt of and punishable participation in an offence referred to in subsection 1 is deemed an international offence.

Chapter 1 - Scope of application of the criminal law of Finland

Section 10 - Place of commission

(2) If the offence remains an attempt, it is deemed to have been committed also where, had the offence been completed, the consequence contained in the statutory definition of the offence either would probably have become apparent or would in the opinion of the perpetrator have become apparent.

Chapter 5 – On attempt and complicity

Section 1 – Attempt

(1) An attempt of an offence is punishable only if the attempt has been denoted as punishable in a provision on an intentional offence.

(2) An act has reached the stage of an attempt at an offence when the perpetrator has begun the commission of an offence and brought about the danger that the offence will be completed. An attempt at an offence is involved also when such a danger is not caused, but the fact that the danger is not brought about is due only to coincidental reasons.

(3) In sentencing for an attempt at an offence, the provisions of chapter 6, section 8, subsection 1(2), subsection 2 and subsection 4 apply, unless, pursuant to the criminal provision applicable to the case, the attempt is comparable to a completed act.

Section 2 – Withdrawal from an attempt and elimination of the effects of an offence by the perpetrator

(1) An attempt is not punishable if the perpetrator, on his or her own free will, has withdrawn from the completion of the offence, or otherwise prevented the consequence referred to in the statutory definition of the offence.

(2) If the offence involves several accomplices, the perpetrator, the instigator or the abettor is exempted from liability on the basis of withdrawal from an offence and elimination of the effects of an offence by the perpetrator only if he or she has succeeded in getting also the other participants to desist withdraw from completion of the offence or otherwise been able to prevent the consequence
referred to in the statutory definition of the offence or in another manner has eliminated the effects of his or her own actions on the completion of the offence.

(3) In addition to what is provided in subsections 1 and 2, an attempt is not punishable if the offence is not completed or the consequence referred to in the statutory definition of the offence is not caused for a reason that is independent of the perpetrator, instigator or abettor, but he or she has voluntarily and seriously attempted to prevent the completion of the offence or the causing of the consequence.

(4) If an attempt, pursuant to subsections 1 through 3, is not punishable but at the same time comprises another, completed, offence, such offence is punishable.

Chapter 11 – War crimes and crimes against humanity

Section 1 - Genocide

(2) An attempt is punishable.

Chapter 11 – War crimes and crimes against humanity

Section 3 - Crime against humanity

An attempt is punishable.

Chapter 11 – War crimes and crimes against humanity

Section 4 – Aggravated crime against humanity

(2) An attempt is punishable.

Chapter 11 – War crimes and crimes against humanity

Section 5 - War crime

(3) An attempt is punishable.

Chapter 11 – War crimes and crimes against humanity

Section 6 - Aggravated war crime

(2) An attempt is punishable.

Chapter 11 – War crimes and crimes against humanity

Section 7 - Petty war crime

(2) An attempt is punishable.

Chapter 15 - Offences against the administration of justice

Section 5 - Attempted incitement to a false statement

A person who attempts to incite another person to commit an offence referred to in sections 1 - 3 shall be sentenced for attempted incitement to a false statement to a fine or to imprisonment for at most one year.

RELEVANT ROME STATUTE PROVISIONS

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.