PART IX. ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMES.

Attempts.

366. When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfilment, and manifests his intention by some overt act, but does not fulfil his intention to such an extent as to commit the offence, he is deemed to attempt to commit the offence.

It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfilment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from further prosecution of his intention.

It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence.

367. Any person who attempts to commit a felony or misdemeanour is guilty of an offence which, unless otherwise stated, is a misdemeanour.

368. Any person who attempts to commit a felony of such a kind that a person convicted of it is liable to the punishment of death or imprisonment for a term of ten years or upwards, with or without other punishment, is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for seven years.

369. Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof, is guilty of a misdemeanour.

370. Any person who incites or attempts to induce another person to commit an offence whether such other person consents to commit the offence or not is guilty —

(a) of a felony, if the offence in question is a felony, and such person is liable, if no other punishment is provided, to imprisonment for seven years or if the greatest punishment to which a person convicted of such felony is liable is less than imprisonment for seven years, then to such lesser punishment ;
(b) of a misdemeanour if the offence in question is a misdemeanour and such person is liable, if no other punishment is provided, to imprison¬ment for two years or if the greatest punishment to which a person convicted of such mis-demeanf)ur is liable is less than imprisonment for two years, then to such lesser punishment.

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.