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

VOLUME I - GENERAL PROVISIONS

TITLE I - GUARANTEES AND APPLICATION OF PENAL LAW

Article 4
(Deeds committed outside Cape Verdean territory)

3 Wherever Cape Verdean law applies pursuant to this article, the deed shall be tried in accordance with the law of the country in which the deed was committed if that regime is more favourable to the perpetrator. Any penalty shall be converted to the corresponding penalty under the Cape Verdean system or, if there is no direct correspondence, to such penalty as Cape Verdean law may provide for the deed .

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 20
(Punishability of preparatory acts)

1.Unless otherwise provided by law, preparatory acts shall not be punishable.

2.In those exceptional cases where they are punishable, the applicable penalty shall be of a duration of not less than the minimum legal period and not more than three years; and accordingly no penalty may be imposed that exceeds one third of the maximum legal penalty prescribed for the crime for which preparations were being made.

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.

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

2. If, after a court conviction has been handed down but before the corresponding penalty has been fulfilled, prescribed or extinguished, it is proven that the perpetrator, prior to being convicted, committed another crime or crimes, the rules of the preceding paragraph shall apply.

3. Accessory penalties and security measures shall always be imposed, even if they are established in only one of the applicable laws.