'Attempt' in document 'Portugal - Penal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I-GENERAL PART

TITLE I-THE CRIMINAL LAW

SINGLE CHAPTER-GENERAL PRINCIPLES

Article 7
Place of the commission of act

1- An act is considered as committed, as well in the place where, totally or partially, under whatever form of complicity, the agent has acted, or, in case of omission, should have acted, as in the place where the typical result, or the result not included in the type of the crime, has been produced.
2- In case of attempt, the act is equally considered as having been perpetrated in the place where, according to the representation of the agent, the result should have been produced.

BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER II-FORMS OF CRIME

Article 22
Attempt

1. Attempt exists when the agent performs acts for the execution of a crime he has decided to perpetrate, which he failed to consummate.

2. Execution acts are:
a) Those that fulfil a constituent element of a type of crime;
b) Those that are proper to produce a typical result; or
c) Those that, according to common experience and excepting unexpected circumstances, are of a nature as being expected to be followed by acts of the types named in the previous paragraphs.


Article 23
Punishability of attempt

1. Except when there is contrary legislation, attempt is only punishable when the respective consummated crime corresponds to a penalty over three years of imprisonment.

2. Attempt is punishable with the penalty applied (applicable) to the consummated crime, specially mitigated.

3. Attempt is not punishable when the means used by the agent is obviously improper, or when the object essential to the commitment of the crime is not existent.

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.