INCRIMINATION AND PENALTY OF ATTEMPT
INCRIMINATION AND PENALTY OF ATTEMPT

Summary/Abstract: The execution of the intention to commit a socially dangerous act that is criminally sanctioned takes place gradually and successively until the final production of a result. During this period, circumstances may arise and result in the interruption of the execution or the lack of the expected effect of the actions that constitute the material element of a committed crime. Based on the Criminal Code, the attempt means to try out to implement the direct or indirect intention to commit a certain crime by committing enforcement acts that are not completed or which (although performed) do not produce the characteristic result of a committed crime. The attempt thus appears as an atypical form of the crime to which it relates and contains all the elements required by law for the existence of the crime in its typical form, but with an incomplete objective side. The acts of execution are interrupted, prevented from being carried out to the end (interrupted or unfinished attempt) or committed in full, but the result pursued by the perpetrator does not occur for reasons beyond his/her control (completed or perfect attempt). The Criminal Code adopted the concept of limited criminalization of the attempt, and in terms of sanctioning, the system of diversification of punishment was chosen.

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