Portugal

The Portuguese Penal Code General Part (Articles 1-130)

BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER II-FORMS OF CRIME

Article 22
Attempt

1. Attempt exists when the agent performs acts for the execution of a crime he has decided to perpetrate, which he failed to consummate.

2. Execution acts are:
a) Those that fulfil a constituent element of a type of crime;
b) Those that are proper to produce a typical result; or
c) Those that, according to common experience and excepting unexpected circumstances, are of a nature as being expected to be followed by acts of the types named in the previous paragraphs.


Article 23
Punishability of attempt

1. Except when there is contrary legislation, attempt is only punishable when the respective consummated crime corresponds to a penalty over three years of imprisonment.

2. Attempt is punishable with the penalty applied (applicable) to the consummated crime, specially mitigated.

3. Attempt is not punishable when the means used by the agent is obviously improper, or when the object essential to the commitment of the crime is not existent.

Keywords

Attempt



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