The General Part

Title II
Offences

Chapter IV
Attempt

Attempt
Art.34 – (1) Attempt is the execution of a decision to commit an offence, an execution that was interrupted or did not have its effect.

(2) There is also attempt when the occurrence of the offence was not possible due to the insufficiency or the defectiveness of the means used, or due to the fact that while the act was committed, the object was absent of the place where the perpetrator thought it would be.

(3) There is no attempt when the impossibility of occurrence of the offence is because of how the execution was conceived.

Punishment of attempt

Art.35 – (1) Attempt to crime shall always be punished, and attempt to delict shall be punished only when the law provides it.

(2) For natural persons, attempt shall be sanctioned by a penalty immediately inferior to the penalty provided in the law for an offence that did occur, if the law does not provide otherwise.

(3) For legal entities attempt shall be punished by a fine from the special minimum and the special maximum of the fine provided in the law for an offence that did happen, reduced by half, if the law does not provide otherwise. One or more of the complementary penalties can be added to this penalty, except for that of dissolution of the legal entity.

The Special Part

Title I
Crimes and delicts against persons

Chapter I
Crimes against humankind

Sanctions for attempt

Art.177 – Attempt to the crimes in this chapter shall be sanctioned by the penalty provided for the offence when it took place or by a penalty within the limits immediately inferior to the penalty provided in the law for the offences when it took place.

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.