'Attempt' in document 'Cambodia - Criminal Law Provisions'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 1 - GENERAL PROVISIONS

Article 25: Definition of perpetrator

The perpetrator of an offence shall be any person who commits the relevant criminally prohibited act.

The definition of perpetrator includes any person who attempts to commit a felony or, in the cases provided for by law, a misdemeanour.

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 1 - GENERAL PROVISIONS

Article 26: Definition of co-perpetrator

The co-perpetrators of an offence shall be any persons who, by mutual agreement, commit the relevant criminally prohibited act.

The definition of co-perpetrator includes any persons who, by mutual agreement, attempt
to commit a felony or, in the cases provided for by law, a misdemeanour.

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 1 - GENERAL PROVISIONS

Article 27: Definition of attempt

An attempt to commit a felony or, in the cases provided for by law, a misdemeanour, shall
be punishable if the following conditions are met.

- the perpetrator has started to commit the offence, that is, he or she has committed acts which lead directly to the commission of the offence;

- the perpetrator did not stop his or her act, voluntarily, but was interrupted solely by circumstances beyond his or her control.

A preparatory act which does not directly lead to the commission of the offence does not
constitute a commencement of execution.

An attempt to commit a petty offence shall not be punishable.

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 1 - GENERAL PROVISIONS

Article 29: Definition of accomplice
An accomplice shall be any person who knowingly, by aiding or abetting, facilitates an attempt to commit a felony or a misdemeanour, or its commission.

An accomplice may only be punishable if the felony or misdemeanour was committed or
attempted.

An accomplice to a felony or a misdemeanour shall incur the same penalties as
the perpetrator.

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.