Spans in 'Botswana - Penal Code' tagged with 'Attempt'

'Attempt' in document 'Botswana - Penal Code'

Jump to:

More information about the keyword 'Attempt'
More information about the document 'Botswana - Penal Code'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PENAL CODE OF BOTSWANA

PART II - Crimes

DIVISION IX - ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMES, AND ACCESSORIES AFTER THE FACT (ss 388-395)

Attempts (ss 388-391)

388. Attempt defined

(1) 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.

(2) 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 the further prosecution of his intention.

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

PENAL CODE OF BOTSWANA

PART II - Crimes

DIVISION IX - ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMES, AND ACCESSORIES AFTER THE FACT (ss 388-395)

Attempts (ss 388-391)

389. Attempts to commit offences

Any person who attempts to commit an offence is guilty of an offence.

PENAL CODE OF BOTSWANA

PART II - Crimes

DIVISION IX - ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMES, AND ACCESSORIES AFTER THE FACT (ss 388-395)

Attempts (ss 388-391)

390. Punishment of attempts to commit certain offences

Any person who attempts to commit an offence of such a kind that a person convicted of it is liable to the punishment of imprisonment for a term of 14 years or more, with or without other punishment, is liable, if no other punishment is provided, to imprisonment for a term not exceeding seven years.

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.