Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 1
Necessary Elements of Offence

§ 22 1. Attempt of instigation to criminal offence, consent to proposal to commit criminal offence and agreement to commit joint criminal offence

(1) An attempt of instigation to a criminal offence, a consent to the proposal to commit a criminal offence and an agreement to commit a joint criminal offence are punishable in the case of the criminal offences provided for in Chapters 8, 9, 13, 18 and 22 and in Divisions 2, 4 and 5 of Chapter 15 of this Code for which the maximum term of punishment of at least 12 years' imprisonment or life imprisonment is prescribed.

(2) A person shall be liable for the activities specified in this section only if at least one of the parties to the activities listed in subsection (1) of this section commits an additional act with the intention to promote the commencement of commission of a criminal offence.

(3) Unless otherwise provided for in § 24 of this Code, a punishment shall be imposed on a person who makes an attempt to instigate the commission of a criminal offence pursuant to the same provision of the law which prescribes the liability of the principal offender.

(4) In case of the acts specified in subsection (1) of this section the court shall apply the provisions of § 60 of this Code or release the person from punishment on the bases provided for in subsection 26 (2) of this Code.
[ - entry into force 01.01.2009]

Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 1
Necessary Elements of Offence

§ 25. Attempt

(1) An attempt is an intentional act the purpose of which is to commit an offence.

(2) An attempt is deemed to have commenced at the moment when the person, according to the person’s understanding of the act, directly commences the commission of the offence.

(3) If an act is committed by taking advantage of another person, the attempt is deemed to have commenced at the moment when the person loses control over the events or when the intermediary directly commences the commission of the offence according to the person’s understanding of the act.

(4) In the case of a joint offence, the attempt is deemed to have commenced at the moment when at least one of the persons directly commences the commission of the offence according to the agreement of the persons.

(5) In the case of an omission, the attempt is deemed to have commenced at the moment when the person fails to perform an act which is necessary for the prevention of the consequences which constitute the necessary elements of an offence.

(6) In the case of an attempt, the court may apply the provisions of § 60 of this Code.

§ 26. Impossible attempt

(1) An attempt is impossible if it cannot be completed due to the unsuitability of the object or subject of the offence or due to the unsuitability of the object or method used to commit the offence.

(2) The court may release a person from punishment or apply the provisions of § 60 of this Code if due to his or her mental infirmity the person does not understand that the attempt is impossible.

Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 3
Guilt

§ 40. Abandonment of attempt

(1) A person is released from guilt if the person voluntarily abandons the attempt in one of the cases provided for in § 41, 42 or 43 of this Code.

(2) Voluntary abandonment of attempt shall not release from guilt for an act which comprises the necessary elements of a completed offence.

(3) A person is deemed to have abandoned an attempt voluntarily if according to the person’s understanding of the act the consequences of the act may still occur but the person decides to abandon the attempt regardless of circumstances beyond the person’s intention.

§ 41. Abandonment of incomplete attempt

(1) A principal offender is deemed to have abandoned an incomplete attempt if the principal offender interrupts the completion of the offence.

(2) An attempt is incomplete if the person has not yet performed all that according to the person’s understanding of the act is necessary for the completion of the offence.

§ 42. Abandonment of completed attempt

(1) A principal offender is deemed to have abandoned a complete attempt if the principal offender prevents the occurrence of the consequences of the offence. If a complete attempt is not sufficient for the full commission of the act, the principal offender is deemed to have abandoned the attempt if the principal offender earnestly endeavours to prevent the occurrence of the consequences of the offence.

(2) An attempt is complete if the person according to the person’s understanding of the act has performed everything in the person’s power to complete the offence.

§ 43. Abandonment of attempt in case of several offenders

If several offenders participate in an attempt, the person who prevents the occurrence of the consequences of the offence is deemed to have abandoned the attempt. If the consequences occur or do not occur regardless of the conduct of an offender, the offender is deemed to have abandoned the attempt if the offender earnestly endeavours to prevent the occurrence of the consequences.

§ 43 1. Abandonment of attempt to instigate criminal offence and agreement to commit criminal offence

(1) A person having committed an attempt to instigate a criminal offence, consented to a proposal to commit a criminal offence or agreed to commit a criminal offence is released from guilt if the person voluntarily :

1) interrupts the instigation of another person to criminal offence and prevents the possible danger of committing the act ;
2) abandons the consent granted for committing a criminal offence ; or
3) prevents the agreed committing of a criminal offence.

(2) If a criminal offence is committed or the committing thereof is refrained from regardless of the acts of the person, the person is deemed to have abandoned it if he or she earnestly endeavours to prevent the commission of the criminal offence.
[ - entry into force 01.01.2009]

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.