Criminal Code > TITLE II THE CRIME AND 2

CHAPTER II DEGREES IN THE COMMISSION OF THE CRIME

ARTICLE 26- Preparatory acts.

Acts which are committed to prepare or make possible a crime, particularly by procuring the means or creating the conditions for its commission are not usually punishable; however, such acts are punishable where:

(a) In themselves they constitute a crime defined by law; or

(b) They expressly constitute a special crime by law owing to their gravity or the general danger they entail.

Article 27- Attempt.

(1) Whoever intentionally begins to commit a crime and does not pursue or is unable to pursue his criminal activity to its end, or who pursues his criminal activity to its end without achieving the result necessary for the completion of the crime shall be guilty of an attempt.

The crime is deemed to be begun when the act performed clearly aims, by way of direct consequence, at its commission.

(2) An attempted crime is always punishable save as is otherwise provided by law.

A mere attempt to instigate or assist in a crime does not come within the provisions of the law unless it is expressly provided to the contrary.

(3) Without prejudice to the provisions of Article 117, in the case of an attempted crime the criminal is liable to the punishment attaching to the crime he intended to commit:

Provided that if circumstances so justify the Court may reduce the punishment within the limits provided by law (Art. 179).

Article 28- Renunciation and Active Repentance.

(1) If a criminal of his own free will renounces the pursuit of his criminal activity the Court shall reduce the punishment within the limits provided by law (Art. 179) or without restriction (Art. 180) if circumstances so justify. No punishment shall be imposed if the renunciation was prompted by reasons of honesty or high motives.

(2) If a criminal, having completed his criminal activity, of his own free will prevents, or contributes to prevent the consequent result, the Court shall without restriction reduce the punishment (Art. 180).

(3) This Article shall also apply to an instigator or an accomplice (Arts. 36 and 37) who of his own free will renounced the pursuit of his criminal activity or has done everything incumbent upon him to prevent the commission of the crime.

Article 29- Crime Impossible of Completion.

When a criminal has attempted to commit a crime by means or against an object of such nature that the commission of the crime was absolutely impossible, the Court shall, without restriction, reduce the punishment (Art. 180).

No punishment shall be imposed when the criminal, from superstition or owing to the simplicity of his mind acted by using means or processes which could in no case have a harmful effect.

The above provisions of this Article shall similarly apply to an instigator or an accomplice.

Article 30- Special Case of Attempt.

When the acts done in an attempt to commit a crime in themselves constitute a separate crime the punishment attaching thereto shall be applied.

Article 31- Discretionary Power of the Court.

In determining the punishment to be imposed or, where appropriate, in reducing it within the limits allowed by law, or, in special cases, in imposing no punishment where an attempt was abandoned or failed, the Court shall take into account all relevant circumstances. It shall in particular, take into consideration the stage reached in the carrying out of the attempt and the danger it represented, the reasons for which it failed, the motives which prompted the renunciation or the active repentance of the criminal, as well as his antecedents and the danger he represents to society.