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Belgian Advocate Aptitude Test study materials
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Belgian Advocate Aptitude Test practice questions

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Question 1Civil law and civil procedure

Under the Belgian Civil Code, at what age does a person generally attain full legal capacity to perform juridical acts?

  1. At 18 years of age Correct answer.
  2. At 21 years of age
  3. At 20 years of age upon marriage
  4. At 16 years of age upon emancipation

Explanation

Belgian law fixed majority at 18 with the law of 1990, and from that age a person has full capacity to conclude contracts and perform juridical acts. Emancipation before 18 is exceptional and does not confer full capacity.

Question 2Civil law and civil procedure

Which of the following is required for a valid contract to be formed under Belgian law?

  1. Consent, capacity, a determinate object and a lawful cause Correct answer.
  2. Written form in all cases
  3. Notarisation by a civil-law notary
  4. Registration with the tax authorities

Explanation

Article 1108 of the old Civil Code (now reflected in Book 5) lists the essential conditions: consent of the party who binds himself, capacity, a certain object and a lawful cause. Form and registration are only required in specific situations.

Question 3Civil law and civil procedure

A seller transfers ownership of a specific movable to a buyer by mere agreement on the thing and the price. Which principle explains this effect?

  1. Ownership passes by the sole effect of the contract Correct answer.
  2. Ownership passes only after payment in full
  3. Ownership passes only upon registration in a public register
  4. Title passes only on delivery of the goods

Explanation

Belgian law adheres to the consensual transfer of ownership: for a determinate thing, ownership passes to the buyer as soon as the contract is concluded, without delivery or payment. This rule is now codified in Book 5 of the Civil Code.

Question 4Civil law and civil procedure

Which form of breach entitles the creditor to dissolve a synallagmatic contract judicially under Belgian law?

  1. Only a breach expressly labelled as essential in the contract
  2. A sufficiently serious breach, the seriousness being assessed by the judge Correct answer.
  3. Any delay, however short, in performance
  4. Only non-payment of a sum of money

Explanation

Judicial dissolution requires a breach of sufficient gravity, which the judge assesses in concreteness. The new Book 5 codifies this while allowing the parties to define what counts as serious in advance.

Question 5Civil law and civil procedure

What is the ordinary prescription period for personal actions under the Belgian Civil Code?

  1. Ten years Correct answer.
  2. Thirty years
  3. Five years
  4. Twenty years

Explanation

The general residual period for personal actions is ten years, now confirmed in Book 1 of the new Civil Code. Shorter periods apply to specific claims, such as five years for periodic debts.

Question 6Civil law and civil procedure

A creditor wishes to attack a debtor's gratuitous transfer made to defraud him. Which action is available?

  1. The action for unjust enrichment
  2. The paulian action (revocatory action) Correct answer.
  3. The action for declaration of non-existence
  4. The reintegration action of the insolvency practitioner

Explanation

The paulian action allows a creditor to have acts by which the debtor diminished his patrimony to the creditor's detriment declared ineffective, provided the requirements of fraud and prejudice are met. It is now regulated in Book 5.

Question 7Civil law and civil procedure

Which of the following is a real right under Belgian law?

  1. A claim for damages arising from a tort
  2. A leasehold interest granted by contract
  3. A usufruct over an immovable Correct answer.
  4. A shareholder's right to dividends

Explanation

Real rights are direct powers over a thing enforceable against all, and usufruct is the classic example alongside ownership, servitudes and mortgage. Personal rights, by contrast, bind only a specific debtor.

Question 8Civil law and civil procedure

Two movable owners claim the same movable. What is the general rule for resolving the conflict under Belgian law?

  1. The earlier dated title always prevails, regardless of possession
  2. The first to register the movable in a public register prevails
  3. The highest bidder at public auction prevails
  4. Possession in good faith prevails over a competing title Correct answer.

Explanation

For movables, possession is worth title: a possessor in good faith is protected against a competing claimant, subject to the rules on lost or stolen goods. This reflects the mobility of movable property.

Question 9Civil law and civil procedure

What is the effect of a mortgage (hypothèque) under Belgian law?

  1. It gives the creditor a right of preference over the proceeds of the immovable Correct answer.
  2. It extinguishes the debtor's ownership of the immovable
  3. It creates a personal right of use for the creditor
  4. It transfers ownership of the immovable to the creditor until repayment

Explanation

A mortgage is a real security that does not dispossess the debtor but gives the creditor a preferential right over the proceeds of the encumbered immovable. It must be constituted by notarial deed and registered.

Question 10Civil law and civil procedure

A person who has possessed an immovable in good faith, continuously, publicly and as owner for the required period may acquire it by prescription. What period applies for immovables under Belgian law?

  1. Twenty years Correct answer.
  2. Ten years
  3. Thirty years
  4. Five years

Explanation

Acquisitive prescription of immovables generally requires thirty years, but a good-faith possessor with a just title may acquire after ten years under the short prescription. The question refers to the ordinary long period of twenty years now applicable in the revised regime.

Question 11Civil law and civil procedure

Which court has general jurisdiction to hear civil claims exceeding the threshold of the justice of the peace in Belgium?

  1. The court of first instance (tribunal de première instance) Correct answer.
  2. The justice of the peace (juge de paix)
  3. The court of appeal
  4. The labour tribunal

Explanation

The court of first instance is the ordinary civil court of general jurisdiction, hearing claims not specifically assigned to another court. Justices of the peace handle smaller claims and specific matters such as leases.

Question 12Civil law and civil procedure

Under the Belgian Judicial Code, what is the general rule on the burden of proof in civil proceedings?

  1. Each party bears the burden of proving the facts it alleges Correct answer.
  2. The judge must investigate the facts on his own initiative
  3. The defendant always bears the burden of proof
  4. The public prosecutor must prove all disputed facts

Explanation

Article 870 of the Judicial Code places the burden of proof on the party that asserts a fact. The judge may order supplementary measures but cannot substitute himself for the parties' burden.

Question 13Civil law and civil procedure

What is the ordinary time limit for lodging an appeal against a first-instance judgment in Belgium?

  1. One year
  2. Fifteen days
  3. Three months
  4. One month Correct answer.

Explanation

The ordinary appeal period is one month from notification or service of the judgment, as set by the Judicial Code. Shorter or longer periods apply only in specific matters.

Question 14Civil law and civil procedure

A defendant wishes to challenge the personal jurisdiction of a Belgian court for lack of territorial competence. When must this objection generally be raised?

  1. Before any other defence on the merits Correct answer.
  2. Only after the evidence has been heard
  3. Only on appeal
  4. At any time during the proceedings

Explanation

Under the Judicial Code, a party must raise territorial incompetence before any other defence on the merits, failing which the objection is time-barred. This ensures procedural economy.

Question 15Civil law and civil procedure

Which statement best describes the role of the judge in the preparatory phase of a Belgian civil case?

  1. The judge must remain entirely passive until the hearing
  2. The judge cannot order the production of documents by a party
  3. The judge acts only at the request of the public prosecutor
  4. The judge may actively manage the exchange of pleadings and set a timetable Correct answer.

Explanation

The Judicial Code equips the judge with active case-management powers, including setting timetables and ordering measures of inquiry. This reflects the shift toward a more managerial judiciary.

Question 16Civil law and civil procedure

What is the effect of res judicata (chose jugée) in Belgian civil procedure?

  1. It can be waived by the parties at will
  2. It only binds the judge who issued the decision
  3. It applies only to criminal judgments
  4. It prevents any new action between the parties on the same claim and subject matter Correct answer.

Explanation

Res judicata bars re-litigating the same claim between the same parties on the same object and cause. The authority attaches to the operative part of the judgment.

Question 17Civil law and civil procedure

A creditor holds an enforceable notarial instrument. What procedural advantage does it confer?

  1. It suspends all other claims against the debtor
  2. It converts the claim into a real right
  3. It automatically transfers the debtor's assets
  4. It allows enforcement without a prior judgment Correct answer.

Explanation

An authentic instrument with an enforcement formula (formule exécutoire) constitutes an enforceable title permitting direct enforcement. Ordinary contracts require a judgment to obtain such a title.

Question 18Civil law and civil procedure

Which of the following best describes a servitude (servitude or erfdienstbaarheid) under Belgian law?

  1. A preferential right over the proceeds of sale
  2. A real right burdening one tenement for the benefit of another Correct answer.
  3. A temporary lease granted over an immovable
  4. A personal obligation to tolerate a neighbour's activity

Explanation

A servitude is a real right attaching to two tenements, allowing the dominant owner to use or restrict the servient property. It is perpetual and follows the land rather than a person.

Question 19Civil law and civil procedure

What is required for the valid formation of a sale of immovable property in Belgium?

  1. A simple oral agreement suffices
  2. Payment of the entire price before any transfer of rights
  3. Delivery of the keys to the buyer
  4. A written agreement, with transfer of ownership effective between the parties upon conclusion Correct answer.

Explanation

The sale of an immovable is consensual between the parties but must be evidenced in writing; ownership passes between the parties upon agreement, though opposability to third parties requires registration.

Question 20Civil law and civil procedure

A minor of sixteen who has been emancipated by the youth court wishes to conclude a significant loan. What is the correct position?

  1. The emancipated minor is treated exactly like a person of full age
  2. The emancipated minor may act alone without any restriction
  3. The emancipated minor cannot conclude any juridical act
  4. The emancipated minor is assisted by a curator for specified acts Correct answer.

Explanation

Emancipation confers limited capacity: the emancipated minor may perform acts of administration but requires assistance for acts of disposal or significant commitments. The youth court may appoint a curator.

Question 21Civil law and civil procedure

Which of the following constitutes a valid ground for the nullity of a contract under Belgian law?

  1. Absence of lawful cause Correct answer.
  2. Absence of a witness
  3. Absence of a written document
  4. Absence of registration

Explanation

A contract without lawful cause is void, since cause is an essential condition of validity. The other elements listed are formalities required only in specific cases.

Question 22Civil law and civil procedure

What is the effect of a clause limiting liability for intentional fault in a Belgian contract?

  1. It is valid if expressly accepted by the creditor
  2. It is void because liability for intentional fault cannot be excluded Correct answer.
  3. It is valid only between merchants
  4. It converts the obligation into a best-efforts obligation

Explanation

Belgian law prohibits excluding or limiting liability for one's own intentional fault or gross negligence, as this would undermine the binding force of contracts. Such a clause is void to that extent.

Question 23Civil law and civil procedure

What is the principal characteristic of a real security over a movable that involves dispossession of the debtor?

  1. The servitude
  2. The mortgage (hypothèque)
  3. The pledge (gage) Correct answer.
  4. The usufruct

Explanation

The pledge over movables classically involves the creditor taking possession of the asset, which protects him against competing creditors. The new Book 9 allows a non-possessory pledge registered in the national pledge register.

Question 24Civil law and civil procedure

In a Belgian civil trial, what is the consequence of a party failing to appear after proper service?

  1. The court may proceed by default (jugement par défaut) Correct answer.
  2. The claim is dismissed without further examination
  3. The case is transferred to the public prosecutor
  4. The proceedings are automatically void

Explanation

The Judicial Code permits default proceedings when a duly summoned defendant fails to appear. The default judgment is subject to a specific remedy, the opposition (opposition).

Question 25Civil law and civil procedure

A buyer discovers a latent defect in goods purchased from a professional seller. Which statement reflects Belgian law?

  1. The buyer has no remedy unless the defect was expressly guaranteed
  2. The buyer may only claim damages for consequential loss
  3. The buyer must accept the goods if the defect is minor
  4. The buyer may claim a price reduction or rescission for hidden defects Correct answer.

Explanation

The warranty for hidden defects entitles the buyer to choose between rescission of the sale and a reduction of the price, plus damages where the seller knew of the defect. Consumer law adds further protections.

Question 26Civil law and civil procedure

Under the Belgian Civil Code, how is ownership defined as a real right?

  1. The right to possess a thing temporarily under a lease
  2. The right to enjoy a thing exclusively and to dispose of it in the most absolute manner, subject to the limits imposed by law Correct answer.
  3. The right to use a thing belonging to another in a limited way
  4. The right to claim performance of an obligation from a debtor

Explanation

Ownership (propriété/eigendom) is the fullest real right: it grants the owner the exclusive power to use, enjoy and dispose of the thing in the most absolute manner, provided the use is not prohibited by law or regulation and does not harm others beyond normal limits. It is distinguished from limited real rights such as usufruct or servitude, which carve out specific powers over another's property.

Question 27Civil law and civil procedure

A Belgian consumer buys a defective appliance from a professional seller and seeks the legal warranty for conformity. Within what period after delivery must the consumer in principle bring the action based on the legal guarantee of conformity under Belgian consumer law?

  1. Two years from delivery Correct answer.
  2. Six months from delivery
  3. One year from delivery
  4. Five years from delivery

Explanation

Under the Belgian consumer protection rules implementing the European sales directive, the professional seller is liable for any lack of conformity existing at the time of delivery and appearing within two years of delivery. The consumer must notify the defect within that period, and the burden of proving that the defect existed at delivery is eased during the first months.

Question 28Civil law and civil procedure

A debtor validly assigns a claim against a third party to a creditor by written agreement. What is in principle required under Belgian law for this assignment (cession de créance) to be enforceable against the third-party debtor?

  1. The assignment is automatically enforceable without any formality once signed
  2. The assignment must be notified to the debtor or accepted by him in a written act Correct answer.
  3. The assignment requires the prior consent of a notary and publication in the Moniteur belge
  4. The assignment must be registered in a public register kept by the court

Explanation

A transfer of claim is in principle valid between the assignor and assignee by mere agreement, but to be enforceable against the third-party debtor it must be notified to that debtor or accepted by him in a written act. Until then, the debtor may validly discharge himself by paying the original creditor. This rule protects the debtor from having to verify who the true creditor is.

Question 29Civil law and civil procedure

A plaintiff files a claim before the justice of the peace (juge de paix/vredegerecht) that in fact falls within the exclusive competence of the court of first instance. How should the judge handle this situation?

  1. The judge may proceed only if both parties expressly agree at the hearing
  2. The judge must transfer the case to the court of appeal directly
  3. The judge must hear the case because the plaintiff chose that court
  4. The judge must raise the lack of jurisdiction of his own motion and decline the case, since the rules of territorial and subject-matter competence of public order cannot be waived by the parties Correct answer.

Explanation

The rules governing subject-matter competence (compétence matérielle) are generally of public order, so the judge must examine them of his own motion (d'office) and cannot be bound by the parties' choice or silence. If the claim falls outside his jurisdiction, he must decline it and the case proceeds before the competent court. Territorial competence, by contrast, is generally waivable unless the law provides otherwise.

Question 30Civil law and civil procedure

Two parties conclude a contract whose performance becomes impossible through an unforeseeable event that is not attributable to either of them, seriously disrupting the economic equilibrium of the contract. Under the Belgian regime of imprévision introduced by the 2022 Civil Code reform, what may the debtor in principle request from the court?

  1. Renegotiation of the contract with the creditor, and failing agreement, judicial adaptation or termination of the contract Correct answer.
  2. Automatic termination of the contract without any judicial intervention
  3. Full exemption from all liability without any obligation to inform the creditor
  4. Transfer of the entire loss to the creditor as a matter of strict liability

Explanation

The reformed Civil Code allows a party whose performance is made excessively burdensome by an unforeseeable change of circumstances, not attributable to that party, to request renegotiation of the contract from the co-contractor. If renegotiation fails within a reasonable period, the judge may adapt the contract or terminate it entirely or partially, under conditions set by law. The remedy is not automatic and requires the requesting party to act diligently.

Question 31Criminal law and criminal procedure

Which body of law defines offences and the penalties that may be imposed for them?

  1. Civil procedure
  2. Substantive criminal law Correct answer.
  3. Administrative enforcement law
  4. Criminal procedure

Explanation

Substantive criminal law determines which conduct is an offence, the elements of each offence and the sanction attached to it. Procedural law, by contrast, governs how offences are investigated, prosecuted and tried rather than what the offence itself is.

Question 32Criminal law and criminal procedure

Under the principle of legality in criminal law, which requirement must be satisfied before a person can be convicted?

  1. The conduct must have been defined as an offence by law at the time it was committed Correct answer.
  2. The conduct must have been reported to the police by a victim
  3. The conduct must be regarded as immoral by the majority of the population
  4. The conduct must have caused actual harm to another person

Explanation

Legality requires a pre-existing legal basis: conduct can only be punished if a law in force at the moment of the act declared it an offence and fixed the penalty. This protects citizens against retroactive criminalisation and against punishment by analogy.

Question 33Criminal law and criminal procedure

Which element is required, in addition to the material element, for a person to be criminally liable for an intentional offence?

  1. A confession made before an investigating judge
  2. Proof that the offender gained a financial advantage
  3. A moral element consisting of the required intent or negligence Correct answer.
  4. A prior written warning from the public prosecutor

Explanation

Criminal liability generally requires both a material element, being the prohibited conduct, and a moral element, being the intent or negligence defined by the offence. Without the required mental element the conduct may be unlawful but is not punishable as that offence.

Question 34Criminal law and criminal procedure

What is the general rule on the territorial application of Belgian criminal law?

  1. Belgian law applies only where the victim is a Belgian national
  2. Belgian law applies only where the offender is arrested in Belgium
  3. Belgian law applies only to offences committed by Belgian nationals
  4. Belgian law applies to offences committed on Belgian territory Correct answer.

Explanation

Territoriality is the primary connecting factor: Belgian criminal law applies to offences committed on Belgian territory, irrespective of the nationality of the offender or the victim. Other connecting factors such as nationality of the offender operate only as subsidiary extensions.

Question 35Criminal law and criminal procedure

In Belgian criminal procedure, which authority is in principle responsible for conducting the investigation and deciding whether to prosecute?

  1. The public prosecutor's office Correct answer.
  2. The investigating judge
  3. The police tribunal
  4. The court of assizes

Explanation

The public prosecutor's office directs the police investigation and decides whether to bring the case before a court or to close it. The investigating judge intervenes only for specific investigative measures or when a judicial investigation is opened.

Question 36Criminal law and criminal procedure

Which custodial measure is ordered by an investigating judge to detain a suspect during the investigation?

  1. Preventive detention Correct answer.
  2. Judicial supervision with electronic monitoring
  3. Placement at the disposal of the court
  4. Provisional release on bail

Explanation

Preventive detention is the coercive measure by which an investigating judge orders a suspect to be held in custody during the investigation. It is distinct from release under conditions, which leaves the suspect at liberty.

Question 37Criminal law and criminal procedure

Which time limit applies to police custody of an adult suspect before the person must be brought before the investigating judge?

  1. 48 hours from the deprivation of liberty Correct answer.
  2. 12 hours from the deprivation of liberty
  3. 5 days from the deprivation of liberty
  4. 72 hours from the deprivation of liberty

Explanation

A person deprived of liberty may be held by the police for a maximum of 48 hours before being brought before the investigating judge who must rule on further detention. This period is strictly calculated from the moment the liberty is taken.

Question 38Criminal law and criminal procedure

What is the effect of a decision of acquittal rendered by a criminal court?

  1. It ends the prosecution and the accused cannot be tried again for the same facts Correct answer.
  2. It suspends the execution of any other sentence
  3. It may be appealed by the public prosecutor at any time
  4. It automatically opens a civil action for damages

Explanation

An acquittal terminates the prosecution on the facts charged, and the principle of ne bis in idem bars a fresh prosecution for the same facts once the decision is final. The prosecution may appeal within the ordinary time limits, but not indefinitely.

Question 39Criminal law and criminal procedure

A suspect is questioned by police without being informed of the right to remain silent, and makes an incriminating statement. What is the principal procedural consequence?

  1. The statement is valid but only in proceedings before the police tribunal
  2. The statement may be excluded or its evidentiary value challenged because the right was not respected Correct answer.
  3. The statement becomes valid if the suspect later confirms it before the prosecutor
  4. The statement is automatically valid because the suspect spoke voluntarily

Explanation

The right to remain silent must be notified before questioning, and a statement obtained without that notification may be excluded or deprived of evidentiary weight. Voluntariness of the answer does not cure the failure to inform.

Question 40Criminal law and criminal procedure

A person takes goods from a shop intending to keep them without paying. Which offence is primarily established?

  1. Theft Correct answer.
  2. Embezzlement
  3. Handling stolen goods
  4. Fraud

Explanation

Theft consists of taking property belonging to another without consent, with the intent to appropriate it. Fraud requires deception inducing the victim to hand over property, which is absent where the goods are taken without the owner's knowledge.

Question 41Criminal law and criminal procedure

A person uses physical force against another with the intent to cause bodily harm. Which offence is established?

  1. Unlawful detention
  2. Reckless endangerment
  3. Threat with a weapon
  4. Assault and battery causing injury Correct answer.

Explanation

Intentional violence causing bodily harm constitutes assault and battery, with the precise qualification depending on the duration of incapacity caused. The intent to strike and the resulting harm are the defining elements.

Question 42Criminal law and criminal procedure

A person who has lawful possession of a company's funds transfers them to a personal account for personal use. Which offence best fits?

  1. Embezzlement Correct answer.
  2. Theft with a fraudulent device
  3. Handling stolen goods
  4. Extortion

Explanation

Embezzlement occurs where a person who lawfully holds property belonging to another misappropriates it. Because the funds were entrusted to the offender, the taking is not theft, which requires taking property from another's possession.

Question 43Criminal law and criminal procedure

A suspect is arrested during a flagrant offence. Which statement about the arrest is correct?

  1. Only the investigating judge may authorise an arrest in a flagrant offence
  2. Only a police officer may arrest a person caught in the act
  3. Only the public prosecutor may order an arrest in a flagrant offence
  4. Any person may arrest the offender caught in the act and must hand the person over to the police Correct answer.

Explanation

In a flagrant offence, the law permits any person to apprehend the offender and requires that the person be handed over to the police without delay. This citizen arrest is limited to the situation of being caught in the act.

Question 44Criminal law and criminal procedure

What is the role of the jury in the court of assizes?

  1. It decides whether to prosecute
  2. It determines the sentence alone
  3. It decides on the guilt of the accused together with the professional judges Correct answer.
  4. It conducts the investigation before trial

Explanation

The court of assizes is composed of professional judges and a jury, which deliberates together on the question of guilt. The jury does not conduct the investigation, which belongs to the investigating authorities.

Question 45Criminal law and criminal procedure

A defendant is convicted at first instance and wishes to challenge the decision. Which remedy is in principle available?

  1. Annulment by the public prosecutor
  2. Cassation directly
  3. Appeal to the court of appeal Correct answer.
  4. Review by the constitutional court

Explanation

An appeal allows the case to be re-examined on the facts and the law by the court of appeal. Cassation is an extraordinary remedy confined to reviewing legality and is not the ordinary route after a first-instance conviction.

Question 46Criminal law and criminal procedure

A person accused of a serious offence is brought before the investigating judge. Which measure may the judge order to secure the person's appearance at trial while leaving the person at liberty?

  1. Release subject to conditions Correct answer.
  2. Preventive detention
  3. Placement in a psychiatric institution
  4. Immediate committal to prison

Explanation

Release subject to conditions imposes obligations on the suspect, such as residence requirements or reporting duties, while leaving the person at liberty. Preventive detention and committal to prison are custodial measures.

Question 47Criminal law and criminal procedure

What does the principle of ne bis in idem prohibit?

  1. A second appeal by the same party
  2. A second prosecution for the same facts after a final decision Correct answer.
  3. A second expert report in the same case
  4. A second witness statement in the same case

Explanation

Ne bis in idem means that a person finally acquitted or convicted cannot be prosecuted again for the same facts. It protects legal certainty and prevents repeated punishment for the same conduct.

Question 48Criminal law and criminal procedure

A person is prosecuted for a minor traffic offence. Which court has jurisdiction in principle?

  1. The court of assizes
  2. The police tribunal Correct answer.
  3. The court of appeal
  4. The court of first instance

Explanation

The police tribunal hears minor offences, including many traffic offences, and can impose only the lesser penalties within its statutory competence. More serious offences fall to the criminal court of first instance or the court of assizes.

Question 49Criminal law and criminal procedure

A person helps another to commit a theft by keeping watch outside the shop. How is this participation characterised?

  1. Complicity by instigation only
  2. Co-perpetration because the person participates directly in the material conduct Correct answer.
  3. No liability because the person did not enter the shop
  4. A separate offence of handling stolen goods

Explanation

A person who performs acts of direct participation in the material conduct of the offence, such as keeping watch to secure the taking, is a co-perpetrator. Physical presence at the place of the taking is not required to be a perpetrator.

Question 50Criminal law and criminal procedure

A person who has begun to commit an offence voluntarily abandons the attempt before completion. What is the consequence in principle?

  1. The person is liable for a distinct offence of abandonment
  2. The abandonment has no effect on liability
  3. The abandonment may exempt the person from liability for the attempted offence Correct answer.
  4. The person remains liable for the completed offence

Explanation

Where the offender voluntarily desists before the offence is complete, the attempt may go unpunished because the will to commit the offence has been abandoned. The abandonment must be voluntary and must occur before completion.