such, or the consequences thereof were foiled, even if the realization of
the crime intended by the perpetrator were impossible to achieve due to
the deficiency in the method used to carry out the crime, or to the failure
of the targeted object of the crime to appear, or to the absence of the
victim of the crime.
The Punishment for an Attempted Crime
Article (19): An attempted crime shall always be punished with such punishment not to
exceed half of the maximum punishment meted out for the complete
crime, unless otherwise stipulated by Law; if the punishment for the
completed crime was the death sentence, wherein such a case the
punishment shall be imprisonment for a maximum of ten years and the
complimentary punishments that are ordained for completed crimes are
applicable to the similar attempted crimes.
Exceptions to Religiously ordained punishments [hodoud]
or Punishment by In-Kind Retribution [qisas]
Article (20): If the act which occurred was itself a crime which is punishable by a
religiously ordained punishment or a punishment by In-Kind retribution
[qisas], other than the death penalty, the sentence shall be meted out
accordingly.
Section Four
Participation in A Crime
The Perpetrators
Article (21): Anyone who, by his conduct, leads to the realization of the elements of a
crime, including anyone in flight found at the scene of the crime at the
time of its occurrence is regarded as a perpetrator; anyone who carries
out a crime as an irresponsible executioner is regarded as an intermediary
perpetrator-this being applicable even if the intermediary perpetrator is
lacking any of the characteristics called for by law for the perpetrator;
and those who together carry out acts of a crime by common intent or
negligence are regarded as perpetrators.
Provocateurs
Article (22): Anyone who tempts the perpetrator to carry out a crime is regarded to be a
provocateur, who is subject to punishment if the perpetrator has
attempted to carry out the crime; however, in certain crimes, provocation
of a crime can be punishable, even if there is no consequence thereof.
Accomplices