Chapter 5 – On attempt and complicity
Section 1 – Attempt
(1) An attempt of an offence is punishable only if the attempt has been denoted as punishable in a provision on an intentional offence.
(2) An act has reached the stage of an attempt at an offence when the perpetrator has begun the commission of an offence and brought about the danger that the offence will be completed. An attempt at an offence is involved also when such a danger is not caused, but the fact that the danger is not brought about is due only to coincidental reasons.
(3) In sentencing for an attempt at an offence, the provisions of chapter 6, section 8, subsection 1(2), subsection 2 and subsection 4 apply, unless, pursuant to the criminal provision applicable to the case, the attempt is comparable to a completed act.
Section 2 – Withdrawal from an attempt and elimination of the effects of an offence by the perpetrator
(1) An attempt is not punishable if the perpetrator, on his or her own free will, has withdrawn from the completion of the offence, or otherwise prevented the consequence referred to in the statutory definition of the offence.
(2) If the offence involves several accomplices, the perpetrator, the instigator or the abettor is exempted from liability on the basis of withdrawal from an offence and elimination of the effects of an offence by the perpetrator only if he or she has succeeded in getting also the other participants to desist withdraw from completion of the offence or otherwise been able to prevent the consequence
referred to in the statutory definition of the offence or in another manner has eliminated the effects of his or her own actions on the completion of the offence.
(3) In addition to what is provided in subsections 1 and 2, an attempt is not punishable if the offence is not completed or the consequence referred to in the statutory definition of the offence is not caused for a reason that is independent of the perpetrator, instigator or abettor, but he or she has voluntarily and seriously attempted to prevent the completion of the offence or the causing of the consequence.
(4) If an attempt, pursuant to subsections 1 through 3, is not punishable but at the same time comprises another, completed, offence, such offence is punishable.
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