GENERAL PART

CHAPTER TWO
THE OFFENCE

SECOND TITLE
ATTEMPT

Section 22
Definition

A person attempts to commit an offence if he takes steps which will immediately lead to the completion of the offence as envisaged by him.

Section 23
Liability for attempt

(1) Any attempt to commit a felony entails criminal liability; this applies to attempted misdemeanours only if expressly so provided by law.

(2) An attempt may be punished more leniently than the completed offence (section 49(1)).

(3) If the offender due to gross ignorance fails to realise that the attempt could under no circumstances have led to the completion of the offence due to the nature of its object or the means by which it was to be committed, the court may order a discharge, or mitigate the sentence as it sees fit (section 49(2)).

GENERAL PART

CHAPTER TWO
THE OFFENCE

THIRD TITLE
PRINCIPALS AND SECONDARY PARTICIPANTS

Section 30
Conspiracy

(1) A person who attempts to induce another to commit a felony or abet another to commit a felony shall be liable according to the provisions governing attempted felonies. The sentence shall be mitigated pursuant to section 49 (1). Section 23 (3) shall apply mutatis mutandis.

(2) A person who declares his willingness or who accepts the offer of another or who agrees with another to commit or abet the commission of a felony shall be liable under the same terms.

SPECIAL PART

CHAPTER SEVEN
OFFENCES AGAINST PUBLIC ORDER

Section 126
Breach of the public peace by threatening to commit offences

2. murder under specific aggravating circumstances (section 211), murder (section 212) or genocide (section 6 of the Code of International Criminal Law) or a crime against humanity (section 7 of the Code of International Criminal Law) or a war crime (section 8, section 9, section 10, section11 or section 12 of the Code of International Criminal Law) ;

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.

This provision is wider than the ICC Statute.

Section 23 of the StGB provides that attempts to commit less serious criminal offences might be punished only if expressly provided by law. Under Sections 13 and 14 of CCAIL violations of duty of supervision and omission to report a crime are treated as less serious offence and might therefore be affected.