GENERAL PART

Chapter 4
Attempt and Complicity

§21

(1) Acts which aim at the promotion or accomplishment of an offence shall be punished as an attempt when the offence is not completed.

(2) The punishment prescribed for the offence may be reduced in the case of attempt, particularly where the attempt gives evidence of little strength or persistence in the criminal intention.

(3) Unless otherwise provided, an attempt shall only be punishable when a penalty exceeding imprisonment for 4 months can be imposed for the offence.

§ 22

Attempts shall not be punishable if, voluntarily and not because of fortuitous obstacles to the completion of the offence or to the fulfillment of his purpose, the perpetrator desisted from implementing his intention and prevented the offence’s completion, or took steps which would have prevented its completion had it not, without his knowledge, already been unsuccessful or averted in some other way.

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.