正在预备犯罪、实行犯罪或者在犯罪后即时被发觉的;
if he is in the process of preparing to commit a crime, is committing a crime or is discovered immediately after committing a crime;
即已经着手实行犯罪,因为犯罪分子意志以外的原因而未得逞的是犯罪未遂。
Namely, an attempt of crime refers to a case where an offender has already started to commit a crime but is prevented from completing it for reasons independent of his will.
第二十三条已经着手实行犯罪,由于犯罪分子意志以外的原因而未得逞的,是犯罪未遂。
Article 23 a criminal attempt refers to a case where an offender has already started to commit a crime but is prevented from completing it for reasons independent of his will.
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