Article 12 Federal Criminal Code

Punishable attempt exists, when the resolution to commit a crime is exteriorized by realizing in part or totally the executive acts that should produce the result, or by omitting those that should prevent it, if it is not consummated by causes foreign to the will of the agent.

To impose the penalty of the attempt the judge shall take into account, in addition to the provisions in article 52, the greater or lesser degree of approximation to the consummative moment of the crime.

If the subject desists spontaneously from the execution or prevents the consummation of the crime, no penalty or security measure shall be imposed as regards the latter, without prejudice to applying the one corresponding to executed or omitted acts that constitute by themselves crimes.