Seychelles

The Penal Code

PART II - CRIMES

Division VIII -Attempts and Conspiracies and Accessories after the fact

CHAPTER XXXIX
Attempts

377. When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfillment, and manifests his intention by some overt act, but does not fulfill 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 fulfillment 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.


377A. Any person who solicits or incites or attempts to procure another to do any act or make any omission of such a nature that, if the act were done or the omission were made, an offence would thereby be committed, whether by himself or by that other person, is guilty of an offence of the same kind and is liable to the same punishment as if he had himself attempted to do the same act or make the same omission.


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


379. 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 ten years or upwards, with or without other punishment, is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for seven years.


380. Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof, is guilty of a misdemeanour.


CHAPTER XL
Conspiracies


381. Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Seychelles would be a felony, and which is an offence under the law in force in the place where it is proposed to be done, is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to such lesser imprisonment.


382. Any person who conspires with another to commit a misdemeanour, or to do any act in any part of the world which if done in Seychelles would be a misdemeanour, and which is an offence under the laws in force in the place where it is proposed to he done, is guilty of amisdemeanour.


383. Any person who conspires with another to effect any of the purposes following, that is to say -

(a) to prevent or defeat the execution or enforcement of any Act, statute, or Order in Council;

(b) to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person;

(c) to prevent or obstruct the free and lawful disposition of any property by the owner thereof for its fair value;

(d) to injure any person in his trade or profession;

(e) to prevent or obstruct, by means of any act or acts which if done by an individual person would constitute an offence on his part, the free and lawful exercise by any person of his trade, profession, or occupation; or

(h) to effect any unlawful purpose; or

(g) to effect any lawful purpose by any unlawful means,

is guilty of a misdemeanour.

Keywords

Individual criminal responsibility



EDIT.