POKUŠAJ KRIVIČNOG DELA U SAVREMENOM PRAVU
THE ATTEMPT OF CRIME IN MODERN LAW

Summary/Abstract: Criminal law contains a rule according to which engaging in one or more criminal actus reuses (which is defined as an essential element of a criminal offence) must lead to a consequence (which is defined as a change or a state caused in the external world). This is classified as a completed criminal act. In reality, however, the result or consequences often does not occur (frequently due to the activity of a person). In such cases, the act is qualified as an attempt to commit a criminal offence (also defined as an inchoate crime) In addition, legal theory recognizes a qualified attempt. In case when, in spite of engaging in the act of perpetration, the result or consequence of a criminal offence is absent due to the inadequate tools or inappropriate objects, there is an impossible attempt. In this paper, the author has described and analysed the theoretical, practical and comparative law aspects of attempt, focusing on the notion, concept, subject matter, characteristics, classification and legal nature of an attempt to commit a criminal offence, in the light of legislation contained in the Article 30 of the new 2005 Criminal Code of the Republic of Serbia.

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