Spans in 'Tajikistan - Criminal Code' tagged with 'Preparation'

'Preparation' in document 'Tajikistan - Criminal Code'

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More information about the document 'Tajikistan - Criminal Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION II. CRIME

CHAPTER 6. Unfinished and Completed Crime

Article 32. Preparation for a Crime and an Attempt to Commit a Crime

(1) Finding, making and adapting the means and instruments, finding of accessories, collusion to commit a crime, or creation of other conditions with the intent to commit a crime, if it failed to be completed owing to circumstances beyond a person's control shall be deemed to be preparation for a crime.

(2) A person bears criminal liability only for preparation of a misdemeanor, felony or especially grievous crime.

(3) An intentional act (omission) of a person actually aimed at committing a crime if it failed to be completed owing to circumstances beyond the person's control is deemed to be attempt to commit a crime.

(4) Liability for preparation for a crime or an attempt to commit a crime shall be assigned as provided for by that part of the article of the Special Part of the Code which deals with completed crimes with reference to the present article.

GENERAL PART

SECTION III. Sentence

CHAPTER 10. Imposition of Sentence

Article 64. Sentencing for Crime Preparations, Criminal Attempt

(1) When imposing a sentence for crime preparations and criminal attempt the Court shall consider the circumstances which prevented the crime from being executed.

(2) The term or length of the sentence for crime preparations may not exceed a half of the maximum term or length of stricter sentence for the crime being executed specified by the corresponding article of the Special Part of the present Code.

(3) The term or length for criminal attempt may not exceed 3/4 of the maximum term or length of stricter sentence for the crime being executed provided for by the corresponding article of the Special Part of the Code.

(4) Death penalty is not imposed for crime preparations and criminal attempt.

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.