'Attempt' in document 'Cape Verde - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER II - CHARACTERISTICS OF A PUNISHABLE DEED

Article 21
(Attempted offence)

1. There is an attempted offence when the perpetrator, with wrongful intent, carries out acts for the execution of an offence without that offence being completed.

2. The following are acts for the execution of an offence:

(a) those that correspond in one or more elements to the description of the standard type of crime;

(b) those that are appropriate for producing the typical result;

(c) those that, according to common experience and except in unforeseeable circumstances, are of such a nature as to create the expectation that they will be followed by acts of the kinds indicated in the preceding subparagraphs.

Article 22
(Punishability of an attempted offence)

1. Barring a legal provision to the contrary, an attempted offence shall be punishable only if the crime, had it been completed, would have carried a penalty of more than three years' imprisonment.

2.Inasmuch as the attempted offence is punishable, the penalty may be freely lessened, although it may not be less than one half the minimum period established for the crime, had it been completed, or the minimum legal period, unless otherwise provided under the law.

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.