Attempted Murder Using a Firearm with False Ammunition
Article 2. Mr. Ton intended to kill Mr. Ching, but did not dare to do so himself, and knew that Mr. Chaob was a violent and jealous man regarding Mr. Ton’s wife, and that Mr. Ton’s wife was having an affair with Mr. Jing. He hoped that Mr. Chaob would be angry. Mr. Chaob, having learned the false information told by Mr. Ton, was angry at Mr. Ching and desired to harm Mr. Jing. However, Mr. Chaob had no firearm and therefore recounted to Mr. Kong the intention to kill Mr. Jing and requested to borrow Mr. Kong’s firearm. He wished for Mr. Jing to be frightened, therefore he provided Mr. Kong with the firearm and ammunition. Mr. Kong and Mr. Chaob went together, without informing Mr. Chaob about the false ammunition. Mr. Chaob seized the real firearm and ammunition. The firearm was pointed at Mr. Ching. However, Mr. Ching suffered no bodily or mental harm whatsoever, only felt fear.
Therefore, determine whether Mr. Ton, Mr. Chaob, and Mr. Kong are liable for any offenses. Because of what reason?
Answer Key: Mr. Chaob had the intent to kill Mr. Ching and committed an offense by using a firearm against Mr. Jing. However, the act did not achieve a definite result due to the fact that the bullet was a false bullet, which was a causal factor in the offense. The offense of attempted murder is not definitively established, and must be punished not exceeding one-half of the penalty prescribed by law for the Penal Code Section 81. Therefore, Mr. Chaob is liable for attempted murder under the Penal Code Section 288 combined with Section 81.
Criminal Law Examination with Answer Key for Selection to Become a Prosecutor in the Position of a Sick Prosecutor, B.E. 2546 (C.E. 2003) Criminal Procedure Law and Civil Procedure Law. The Prosecutor is the Plaintiff, prosecuting the Defendant for the offense of Ms.