PENAL CODE of the Democratic Republic of Timor Leste
result, which fails to take place only for reasons beyond the control of the
perpetrator.
Article 24. Punishability of attempt
1. An attempt is punishable only in connection with crimes of intent carrying a
maximum prison sentence of more than 3 years and in all other cases expressly
determined by law.
2. Except where otherwise provided, an attempt is punishable with an extraordinarily
mitigated penalty in comparison to the consummated crime.
Article 25. Unpunishability of attempt
An attempt is not punishable whenever the inappropriateness of the means
employed or absence of an essential element to consummate the crime is manifest.
Article 26. Voluntary desistance
An attempt ceases to be punishable if the perpetrator voluntarily desists from
proceeding to perform the crime, prevents its consummation, or prevents obtaining
its result, or who puts forth serious efforts to hinder either.
Article 27. Cases of joint commission
In the event of joint commission, the attempt of a person shall not be punishable, if
the same voluntarily desists from proceeding with commission of the crime, or
hinders or voluntarily desists in realizing its result, or earnestly endeavors to hinder
either, even if other coparticipants proceed with execution or commission of the act.
Article 28. Remorse
In crimes without violence or serious threat against persons, if the damage has been
remedied, the object returned or the situation legalized before the crime is reported
or the information or a complaint received, the penalty shall be extraordinarily
mitigated or, depending on the circumstances, the agent shall be exempt from any
penalty.
CHAPTER III
PERPETRATORS OF CRIME
Article 29. Perpetrators
Participation in the commission of a crime may take on the form of principal
authorship, instigation or complicity and there can be various joint participants in the
same act.
Article 30. Authorship
1. A principal is the person who commits the act either directly or through a third
party who serves as an instrument for the former.
2. Coprincipals of an act are any persons who, by expressed or tacit agreement,
take direct part in commission of a crime or join forces in commission of the same
crime.
Article 31. Instigation
A person is punishable who, directly and maliciously, instigates another person to
commit the crime, if said crime is actually committed or initiated.
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