'Attempt' in document 'Belgium: Serious Violations of International Humanitarian Law '

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II AMENDMENTS TO THE CRIMINAL CODE
Article 10
An article 136 sexies shall be inserted into the same Title and shall read as follows:

“Article 136 sexies
Whosoever manufactures, possesses or transports an instrument or device or any other object, erects a structure or alters an existing structure, in the knowledge that the instrument, device, object, structure or alteration is intended for the commission or to assist the commission of one of the offences referred to in articles 136 bis, 136 ter or 136 quater, shall be liable to the same penalty as that laid down for the offence whose commission they have enabled or facilitated.”

Article 11
An article 136 septies shall be inserted into the same Title and shall read as follows:

“Article 136 septies
The following shall be subject to the penalty laid down for the completed offence:
(6) an attempt, within the meaning of articles 51 to 53, to commit such an offence.”

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.