'Attempt' in document 'Mongolia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE TWO
CRIME

CHAPTER SIX
STAGES OF CRIME

Article 32. Attempt of a Crime

32.1. An attempt of a crime shall be a deliberate action aimed directly at committing a crime if the crime was not accomplished for the reasons beyond control of the culprit.

32.2. If the person concerned started realization of his/her malicious intent but failed to cause the desired harm, which he/she was aware of, it shall be deemed an incomplete attempt.

32.3. If, although the person concerned started realization of his/her malicious intent but failed to cause the desired harm due to the circumstances independent of his/her will it shall be deemed a complete attempt.

GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER TEN
IMPOSITION OF AND RELEASE FROM PUNISHMENT

Article 60. Imposing Penalty for Preparation to or for an Attempted Crime

60.1. When imposing penalty for preparation to a crime or an attempted crime the court shall take into account the degree of realization of the malicious intent, completion of the attempt, nature of social danger of the prepared for or attempted crime and reasons for failure to bring the crime to completion.

60.2. The maximum amount of penalty for preparation to a crime may not exceed 1/2 of the most severe type of penalty for the given completed crime.

60.3. The maximum amount of penalty for preparation to a crime may not exceed 2/3 of the most severe type of penalty for the given completed crime specified in the Special Part of this Code.

60.4. The person who prepared to a crime or attempted a grave crime may not be imposed imprisonment for more than 15 years or the death penalty.

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.