Section 2 Crimes
Chapter 2 Elements of Crimes
Part 1 Material Element
2nd Topic - Initiation
Article 29
Initiation (Attempt) Defined
(1) Initiation of a crime is the starting of an act with the intention of committing a felony or misdemeanor, but whose effects have been stopped or offset by reasons beyond the will of the doer.
Section 2 Crimes
Chapter 2 Elements of Crimes
Part 1 Material Element
2nd Topic - Initiation
Article 29
Initiation (Attempt) Defined
3– Any action with the intention of committing a crime or misdemeanor, whose fulfillment is impossible due to factors related to the object of crime or the instruments used, is considered initiation of crime provided that the belief of the doer of the act with respect to producing the criminal effect is not arising from mistake or absolute ignorance.
Section 2 Crimes
Chapter 2 Elements of Crimes
Part 1 Material Element
2nd Topic - Initiation
Article 30
Felony Initiation (Attempt)
Initiator of felony shall be sentenced to the following punishments, unless otherwise stipulated in the law:
1. In cases where the punishment for the crime itself is death, continued imprisonment;
2. In cases where the punishment for the crime itself is continued imprisonment, long imprisonment;
3. In cases where the punishment for the crime itself is long imprisonment, medium imprisonment; or one half of the maximum punishment of the crime itself.
Section 2 Crimes
Chapter 2 Elements of Crimes
Part 1 Material Element
2nd Topic - Initiation
Article 31 Misdemeanour Initiation (Attempt)
Punishment for initiating misdemeanor shall not exceed one half of the maximum punishment prescribed for the crime itself in the law, unless the law has stipulated otherwise.
Section 2 Crimes
Chapter 2 Elements of Crimes
Part 1 Material Element
2nd Topic - Initiation
Article 32 Petty Offense Initiation (Attempt)
Initiation of petty offense does not require punishment, unless the law has clearly stipulated it.
Section 2 Crimes
Chapter 2 Elements of Crimes
Part 1 Material Element
2nd Topic - Initiation
Article 33 Special Orders related to Crime Initiation (Attempt)
In the initiation of crime, special orders concerning follow-up or supplementary punishment and security measures regarding the full crime, shall be observed.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.