Criminal Attempt
Explanation
The Lebanese Penal Code addresses the subject of criminal attempt (la tentative) in felonies and misdemeanors. An attempted felony is considered as the felony itself if it begins with acts aimed directly at committing it, and nothing prevented its completion except circumstances beyond the perpetrator's control. In this case, the judge may reduce the penalties, such as replacing the death penalty with life imprisonment with hard labor or temporary imprisonment with hard labor from seven to twenty years.
If all the acts aimed at committing the felony have been completed but did not lead to an effect due to circumstances unrelated to the perpetrator's will, we are faced with a different situation. Here too, penalties can be reduced, such as replacing the death penalty with life imprisonment with hard labor or temporary imprisonment with hard labor from ten to twenty years.
The law distinguishes between one who voluntarily retracts from their act before its completion, and one who prevents the result after the completion of the acts. Whoever commences an act and voluntarily retracts from it shall not be punished except for the acts they committed if they constitute crimes in themselves. As for whoever completes the acts and prevents the result of their act of their own free will, their penalty may be reduced by up to two-thirds.
Regarding misdemeanors (le délit), the attempt or the failed misdemeanor is not punished except in cases explicitly stipulated by the law. When punished, the penalty for the completed misdemeanor can be reduced by up to half in an attempted misdemeanor, and by up to one-third in a failed misdemeanor.
The law punishes the attempt even if achieving the goal was impossible due to a material circumstance unknown to the perpetrator, which is known as the impossible crime (l'infraction impossible). However, the perpetrator is not punished if they committed their act out of lack of understanding. Furthermore, whoever commits an act and mistakenly believes that it constitutes a crime is not punished.
Official legal articles
replace · 1948-02-11: Open the official text
replace · 1948-02-11: Open the official text
amend · 1983-11-10: Open the official text
amend · 1983-11-10: Open the official text
Think deeper
How does the law distinguish in reducing the penalty between one who voluntarily retracts from an act they commenced, and one who completes all acts aimed at committing a felony and then prevents the result of their act of their own free will?
Flashcards
When is an attempted felony considered as the felony itself?
When it begins with acts aimed directly at committing it and nothing prevents its completion except circumstances beyond the perpetrator's control.
What is the effect of a voluntary retraction from an act that has been commenced?
The perpetrator is not punished except for the acts they committed that constitute crimes in themselves.
When is an attempt in a misdemeanor punished?
It is not punished except in cases explicitly stipulated by the law.
Is someone punished who commits an act and mistakenly believes it is a crime?
No, whoever commits an act and mistakenly believes that it constitutes a crime is not punished.
What is the possible reduction for the penalty of life imprisonment with hard labor in an attempted felony?
It can be replaced by temporary imprisonment with hard labor for at least five years.
Is the attempt punished if achieving the goal is impossible due to a material circumstance unknown to the perpetrator?
Yes, it is punished, unless they committed their act out of lack of understanding.
Practice questions
A person began acts aimed at committing a felony and voluntarily retracted from them. What are the legal consequences for them?
Whoever begins an act and voluntarily retracts from it is not punished except for the acts they committed that constituted crimes in themselves (Article 200).
In a failed misdemeanor, what is the maximum reduction of the penalty imposed for the completed misdemeanor?
The penalty imposed for the completed misdemeanor can be reduced by up to one-third in a failed misdemeanor (Article 202).
A person completed all acts to commit a felony, then prevented the result of their act of their own free will. What is the possible reduction?
Penalties may be reduced by up to two-thirds if the perpetrator prevents the result of their act of their own free will (Article 201).
A person committed an act mistakenly believing it is a crime. Are they punished?
Whoever commits an act and mistakenly believes that it constitutes a crime is not punished (Article 203).
If the completed acts did not lead to an effect due to circumstances unrelated to the perpetrator's will, what is the death penalty replaced with?
The death penalty may be replaced with life imprisonment with hard labor or temporary imprisonment with hard labor from ten to twenty years (Article 201).
Case problems
A person began acts aimed directly at committing a felony punishable by death. Circumstances beyond their control intervened and prevented the completion of the felony. Is this attempt considered as the felony itself, and how can the judge modify the death penalty?
Model answer
This attempt is considered as the felony itself.
The attempted felony is considered as the felony itself if it begins with acts aimed directly at committing it. It requires that nothing prevented its completion except circumstances beyond the perpetrator's control (Article 200).
The judge may reduce the penalty by replacing the death penalty with life imprisonment with hard labor, or temporary imprisonment with hard labor from seven to twenty years.
Self-grading rubric
A person completed all acts aimed at committing a felony. The result was not achieved due to a material circumstance unknown to the perpetrator, which made achieving the goal impossible. It later became apparent that the perpetrator committed their act out of lack of understanding. Are they punished for the attempt in this case?
Model answer
The perpetrator is not punished in this case.
The attempt is punished even if achieving the goal was impossible due to a material circumstance unknown to the perpetrator (Article 203).
However, the law established an explicit exception stating that the perpetrator is not punished if they committed their act out of lack of understanding.