General Part

Section 2.

Crime.

Chapter 6.

Completed and unfinished crime.

Article 33. Completed and unfinished crime.

1. A crime is considered completed, if the action incorporates all the elements of crime envisaged in this Code.

2. Attempts to commit a crime and the preparation for grave and particularly grave crimes are considered an unfinished crime.

3. The liability for attempts to commit a crime and the preparation for crime is under the same article of the Special Part of this Code as for complete crimes, referring to Articles 34 or 35 of this Code.

General Part

Section 2.

Crime.

Chapter 6.

Completed and unfinished crime.

Article 34. Attempt to commit a crime.

Attempt at a crime is the action (inaction) committed through direct willfulness immediately aimed at the committal of crime, if the crime was not finished for reasons beyond the person’s control .

General Part

Section 3.

Punishment.

Chapter 10.

Assignment of punishment.

Article 65. Assignment of punishment for an unfinished crime.

1. When assigning punishment for an unfinished crime, the nature of actions committed by the criminal and the degree of danger to the society, the degree of implementation of criminal intent and those circumstances as a result of which the crime was not finished, are taken into account.

2. The imprisonment for the preparation of a crime can not exceed half of the maximal imprisonment term envisaged in the relevant article of the Special Part, or part thereof.

3. The imprisonment for the attempt at a crime can not exceed three quarters of the maximal imprisonment term envisaged in the relevant article of the Special Part, or part thereof.

4. Life sentence is not assigned for the preparation of a crime or for the attempt to commit crime.

Article 42. Completed and Inchoate Crimes

1. The intentional crime can have three stages: preparation of crime, attempted crime and completed crime.

2. Preparation of crime and attempted crime are considered inchoate crimes.

Article 44. Attempted Crime and its Types

1. Attempted crime is the intentional action or inaction directly aimed at the committal of criminal offence and containing the elements of corpus delicti provided for by the Special Part of this Code, when the crime involved in the person’s intention is not committed due to reasons beyond his/her control because of the lack of some of the elements of corpus delicti in question.

2. If during an attempted crime, a lighter harm is caused in comparison to the harm involved in the criminal's intent, it shall be included in the person's intention.

3. If during the attempted crime, as a result of negligence a larger scale harm is caused to the object involved in the criminal's intention in comparison to the harm involved in the criminal's intent, or as a result of negligence or indirect intention harm is caused to another object, the act shall be qualified as a combination of crimes.

4. Attempted crime may be completed or inchoate.

5. Attempted crime shall be considered as completed, if the person performs the act which was necessary and sufficient to complete the crime involved in the intention and realizes that the crime was completed, or there is no need to continue the act for completing the crime.

6. Attempted crime shall be considered as inchoate, if the person realizes that it is necessary to continue the act commenced or perform a new act for the crime to be completed.

Article 47. Criminal Liability of Accomplices

3. In case the performer does not complete the crime due to circumstances beyond his/her control, the other accomplices shall be liable for preparation of crime or attempted crime.

4. If acts directed to the organization, incitement or abetment of the crime fail due to circumstances beyond the person's will then the person shall be liable for the organization of a crime involved in his/her intention or for the criminal attempt, if certain part of the objective side of the crime has been committed.

5. The accomplices shall be subject to criminal liability only for such aggravating or mitigating circumstances of the crime, which they had realized. If an aggravating circumstance of an intentional crime is causing dangerous consequences negligently, the accomplices shall be subject to liability for that aggravating circumstance only when their negligence is present in respect to such circumstances.