Article 82Désistement volontaire de la tentative

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 334/2564 (2021)

   Completing the intended act, rather than voluntarily desisting or turning back to prevent the result, does not fall within section 82 and does not excuse the offender.

   The defendant argued no liability under section 82, but the court held that handing over the hard disk to unlock the trial software was carrying the act through, not a voluntary desistance or turning back to prevent the result, so section 82 did not apply.

2. Arrêt de la Cour suprême n° 339/2564 (2021)

   Desistance under Section 82 must be voluntary. Where the offender stopped only because of outside factors, here the child's physical immaturity and her pushing his hands away, that is not desisting of his own accord, and the exemption from punishment for the attempt does not apply.

   The defendant attempted to rape a child on many occasions between the ages of about ten and thirteen, but never completed the act because she was physically immature and pushed his hands away. The Supreme Court held this was not voluntary desistance, so Section 82 gave him no exemption, and he was liable for attempted rape of a child under Section 277 paragraphs one and three (former) read with Section 80. The Court of Appeal Region 3, which had not punished him under those provisions, was reversed.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.