Sporne problemy typizacji usiłowania
Contentious problems in classifying an attempted crime

Summary/Abstract: This article discusses various ideas concerning the legal nature of attempted crime, which has traditionally been viewed as a stage of crime. Using the method of analysing criminal law provisions based on a systemic examination of the normative structures encoded in these provisions, some authors have come to a different conclusion and posited that an attempt is a separate type of prohibited act. The article attempts to interpret this method which, taking into account the scholarly achievements to date in the field of normative analyses of penal provisions, does not question the nature of an attempt as a stage of crime that does not have an independent existence. A separate problem related to the way of interpreting the normative nature of an attempt is the issue of the application of the provisions on attempted offenses to those that are delictum sui generis of an attempt. A normative analysis of the attempt, shaped in the penal code as a stage of crime, leads to the conclusion that the basis of this legal structure is a violation of the same sanctioned norm that we extrapolate from the provision specifying the act.

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