Attempt

Serbia

Serbia - Criminal Code 2006 (2019) EN

Article 30

Whoever commences a criminal offence with premeditation but does not complete it shall be punished for an attempted criminal offence if such offence is punishable by law with a term of imprisonment of five years or more, and for the attempt of other criminal offences only when the law explicitly provides for the punishment of attempt.

A perpetrator shall be punished for an attempt with a punishment prescribed for the criminal offence or with a lighter punishment.

Article 31

An offender who attempts to commit a criminal offence with an inappropriate tool or against an inappropriate object may be remitted from punishment.

Voluntary Abandonment

Article 32

An offender who attempted to commit a criminal offence but voluntarily abandoned the act of commission or prevented occurrence of consequences may be remitted from punishment.

The provision of paragraph 1 of this Article shall not apply if the offender has not completed the criminal offence due to circumstances preventing or considerably hindering commission of the criminal offence, or because he assumed that such circumstances were present.

An accessory, instigator or abettor who voluntarily prevents commission may also be remitted from punishment.

In cases specified in paragraphs 1 and 3, if the offender completes some other criminal offence that is independent of the offence he abandoned, the offender may not be remitted from punishment for such other offence on the same grounds.

Rome Statute

Article 25 Individual criminal responsibility

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.