Malawi

Penal Code

PART II
CRIMES

Division VIII
Attempts and Conspiracies to Commit Crimes, and Accessories after the Fact

CHAPTER XLII
ATTEMPTS

400. Attempt defined

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.

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.

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

401. Attempts to commit offences

Any person who attempts to commit a felony or misdemeanour shall be guilty of an offence, which, unless otherwise stated, is a misdemeanour.

402. Punishment of attempts to commit certain felonies

Any person who attempts to commit a felony of such a kind that a person convicted of it is liable to the punishment of death or imprisonment for a term of fourteen years or upwards, with or without other punishment, shall be guilty of a felony, and shall be liable, if no other punishment is provided, to imprisonment for seven years.

Keywords

Attempt



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