Attempt

A person who directly begins to carry out an offence they intend to commit, through acts capable of committing it, but cannot complete it for reasons beyond their control, is liable for attempt (TCK 35/1). A person who is shot with a pistol and does not die is a typical example.

Penalty

Depending on the seriousness of the harm or danger caused, the offender is punished with:

• 14–21 years’ imprisonment instead of aggravated life imprisonment,
• 10–18 years’ imprisonment instead of life imprisonment.

For other offences, the penalty is reduced by one quarter to three quarters (TCK 35/2).

Voluntary abandonment

If the offender voluntarily abandons the acts of carrying out the offence, or through their own efforts prevents the offence from being completed or the result from occurring, they are not punished for attempt. However, if the acts carried out up to that point constitute another offence, only the penalty for that offence is imposed (TCK 36). An offender who attacks with intent to kill and then abandons the attack is liable for injury if the victim was injured.

What is not an attempt

• Acts that are not capable of committing the offence do not constitute an attempt.
• For some offences, such as migrant smuggling, the law provides that the penalty for a completed offence is imposed even if the offence remains at the attempt stage (TCK 79/1).