Jump to:
BOOK 1
GENERAL PROVISIONS
PART II
RULES AS TO CRIMINAL RESPONSIBILITY
TITLE 11
GENERAL EXPLANATIONS
Provisions relating to causing an event
14. (6) A person shall not, by reason of anything in this section, he relieved from any liability in respect of an attempt to cause an event : and a person shall not. by reason of anything in this section, be relieved from any liability in respect of negligent conduct, if such negligent conduct is punishable under this Code irrespective of whether it actually causes any event.
BOOK 1
GENERAL PROVISIONS
PART II
RULES AS TO CRIMINAL RESPONSIBILITY
TITLE IV
ATTEMPTS TO COMMIT CRIMES
43. (1) A person who attempts to commit a crime by any means shall not be acquitted on the grounds that, by reason of the imperfection or other condition of the means, or by reason of the circumstances under which they are used, or by reason of any circumstances affecting the person against whom, or the thing in respect of which the crime is intended to be committed, or by reason of the absence of such person or thing, the crime could not be committed according to his intent.
(2) Whoever attempts to commit a crime shall, if the attempt is frustrated by reason only of accident or of circumstances or events independent of his will, be deemed guilty of an attempt in the first degree, and shall, except as in this Code otherwise expressly provided, be punishable in the same manner as if the crime had been completed.
(3) Whoever is guilty of an attempt other than an attempt in the first degree shall, except as in this Code otherwise expressly provided, be liable to any kind of punishment to which he would have been liable if the crime had been completed ; but the Court shall mitigate the punishment according to the circumstances of the case.
(4) Where any act amounts to a complete crime, as defined by any provision of this Code, and is also an attempt to commit some other crime, a person who is guilty of it shall be liable to be convicted and punished either under such provision or under this section.
(5) Any provision of this Code with respect to intent, exemption, justification, or extenuation, or any other matter in the case of any act, shall apply with the necessary modifications, to the case of an attempt to do that act.
(6) The question whether an act done or omitted with intent to commit a crime is or is not only preparation for the commission of that crime, and too remote to constitute an attempt to commit, is a question of law.
44. Whoever prepares or supplies, or has in his possession custody, or control, or in the possession, custody, or control of any other person on his behalf, any instruments, materials, or means, with a purpose that such instruments, materials, or means, may be used by him or by any other person, in committing any forgery, or any crime relating to coin, shall be liable to punishment in like manner as if he had attempted to commit that crime ; and any such instruments, materials, or means shall be forfeited and applied as the Court directs.
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.