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Penal Law of Israel

Inchoate Crimes



General Part
 
Title Five: Derivative Offences
 
Chapter One: Attempt

25. (a) A person attempts to commit an offence if, with an aim to commit it, he does any act which is not merely preparatory, but without the offence being completed.

26. With regard to an attempt, it is immaterial whether the commission of the offence is impossible owing to a state of things of which the person attempting is not aware or about which he is mistaken.

27. A provision which prescribes for an offence a mandatory penalty or which prescribes a minimum penalty shall not be applied in a case of attempt.

28. A person who attempts to commit an offence shall not bear criminal liability for the attempt if he proves that, solely of his own accord, and from repentance, he abstained from completing the act or contributed substantially to the prevention of the consequences on which the completion of the offence depended; however, the aforesaid shall not derogate from criminal liability for another, completed, offence involved in the act.
 

Chapter Two: Parties to the Offence

29. (a) "Author" as to the commission an offence includes every person who commits it jointly with others or indirectly through the intermediary of others.
(b) "Joint-authors" are person participating in the commission of an offence by doing acts for its commission. It is immaterial whether all the acts are done together or whether some are done by one person and some by the others.
(c) "Indirect-author" is a person who contributes to the doing of the act by another person, who serves as a tool in the first person's hands, while the other person was in a condition such as one of the following, as defined in this code:

(d) For the purposes of subsection (c), where it is a condition of the offence that the act be done by a specific person, a person shall be the author of the offence even if only the other person meets that condition.

30. A person who prompts another to commit an offence by demanding its commission of him or by urging or encouraging him or by any other means that mount to imposing pressure, is an instigator of the offence.

31. An abetter is a person who, before or during the commission of an offence, does any act in order to enable, facilitate or ensure the commission or to prevent the apprehension of the offender, the discovery of the offence or its loot, or otherwise to contribute to the creation of conditions favourable to the commission of the offence.

32. The abettor of an offence shall be liable to half the penalty prescribed by an enactment to the commission of the offence; if the penalty so prescribed is -

33. An attempt to instigate a person to commit an offence shall be punishable with one quarter of the penalty prescribed to the commission of the offence; however, if the penalty so prescribed is: 34(a) A person who instigates or abets shall bear no criminal liability for the instigation, the abetment or the attempt to instigate if he prevents the commission or completion of the offence or if he informs the authorities of the offence in time in order to prevent its commission or completion and acted otherwise to the best of his ability to such purposes; owever, the aforesaid shall not derogate from criminal liability for another, completed, offence involved in the act.
(b) "Authorities," for the purpose of this section -- the police or other body authorized by law to prevent the commission of the offence or its consummation.

34A(a). Where incidentally to the commission of an offence, another or additional offence is committed by the author, which according to the circumstances of the case, a reasonable person could have been aware of the possibility of its commission:

(b) A court convicting an accused per subsection (a)(1) for an offence for which a mandatory penalty is prescribed, may impose a lighter penalty.

34B. A datum which is a condition of an offence shall apply to all parties involved in its commission, once it exists with regard to one party; however a personal datum the effect of which, by virtue of any enactment, is to aggravate, reduce or otherwise alter the punishment or to prevent punishment shall have such effect in relation only to such party in respect of whom it exists.
 

Chapter Three: Common Provisions

34C. Any attempt at, and any instigation, attempted instigation or abetment of, an offence being a contravention are not punishable.

34D. Save as otherwise provided or implied in any enactment, any law applying to the commission of a completed offence shall apply also to any attempt at, and to any instigation, attempted instigation or abetment of, that offence.