Attempt

Montenegro

Montenegro - Criminal Code 2003 (2012) (EN)

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

2. Attempted criminal offence and voluntary abandonment

Attempt

Article 20

(1) Anyone who commences the commission of a criminal offence with wrongful intent but does not complete it shall be punished for attempted criminal offence punishable under law by a prison term of five years or longer, whereas other attempted criminal offences shall only be punishable where it is explicitly provided for by law that the punishment also applies to an attempt.

(2) Also considered to be the commencement of a crime is the use of a specific tool or the application of a specific method of commission provided that they are defined by law as elements of the crime.

(3) A perpetrator shall be punished for an attempt by the punishment laid down for the criminal offence, but may also receive a lighter punishment.

Inappropriate attempt

Article 21
Where a perpetrator attempted to commit a criminal offence with an inappropriate tool or against an inappropriate object punishment may be remitted.

Montenegro - Criminal Code 2003 (2018) (EN)

Article 20
(1) Whoever commences the commission of a criminal offence with criminal intent but does not complete it shall be punished for attempted offence punishable under law by a prison sentence of five years or more, whereas other attempted offences shall only be punished where it is explicitly provided for by law that the penalty also applies to an attempt.
(2) The use of a specific tool or of a specific method of commission shall also be deemed to constitute the commencement of the commission of an offence, provided that they are defined by law as elements of the offence.
(3) Perpetrators shall be punished for an attempt by the penalty laid down for the criminal offence, and they may also receive a lighter sentence.


Article 21
The perpetrator who attempts to commit a criminal offence with an inadequate tool
or against an inappropriate object may be released from punishment.

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.