National penalties - maximum penalty

Afghanistan

Afghanistan - Criminal Code 1976 (2017) EN

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.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.