Are those who commit attempted crimes still subject to criminal liability?

Reply:

Attempted crime is one of the three types of intentional crimes (preparation for a crime, attempted crime, and completed crime - a normal type of crime).

Article 15 of the 2015 Penal Code, as amended in 2017, stipulates:

- Attempted crime is the intentional commission of a crime but failing to complete it due to reasons beyond the perpetrator's control.

ButA person who commits an attempted crime shall be held criminally liable for the attempted crime..

Article 57 of the Penal Code stipulates the following regarding the determination of punishment for attempted crimes:

- The punishment for attempted crimes is determined according to the articles of this Code concerning the corresponding crimes, depending on the nature and degree of social danger of the act, the extent to which the criminal intent was carried out, and other circumstances that prevented the crime from being completed.

- If the applicable law prescribes a maximum penalty of life imprisonment or the death penalty, the prison sentence shall not exceed 20 years; if it is a fixed-term prison sentence, the penalty shall not exceed 3/4 of the maximum prison sentence prescribed by the law.

In the case of an attempted crime committed by a person aged 14 to under 16:

According to Clause 3, Article 102 of the Penal Code, the maximum penalty applied to persons aged 14 to under 16 who commit attempted crimes shall not exceed one-third of the maximum penalty. Specifically:

+ The period of non-custodial rehabilitation for offenders under 18 years of age shall not exceed half the period prescribed by law (according to Clause 1, Article 100).

+ If the applicable law prescribes life imprisonment or the death penalty, the maximum sentence imposed shall not exceed 12 years of imprisonment; if it is a fixed-term imprisonment, the maximum sentence imposed shall not exceed half of the imprisonment term prescribed by the law (according to Clause 2, Article 101).