Attempted crime

Attempted crime

In the theory of state and law there is a conceptstages of crime. In total, there are three of them in the Russian Federation, depending on the degree of completeness: preparation, attempt and completed crime. In some countries, the creation of intent is added to them. As a rule, responsibility for the latter is not provided.

Preparing for crime

This is the activity to prepare for the commissionillegal actions, creating real conditions for their implementation. It can be expressed in the search for means of committing a crime and tools (for example, in making a duplicate of keys, acquiring weapons, etc.), searching for accomplices in a crime (selection of perpetrators, accomplices, etc.), conspiracy to commit a criminal act, conditions. As a rule, preparation is carried out to crimes that have a material composition. Most often these are thefts, robberies and robberies. Criminal liability is provided only for crimes related to grave and especially grave crimes.

Attempted crime and its types

The definition of this stage is given in Art. 30 of the Criminal Code. This is an activity aimed directly at the commission of a crime, but not brought to an end due to circumstances beyond the control of the person responsible. Preparation and attempt at a crime can be carried out only with direct intent. Carelessness and indirect intent are completely excluded.

Attempts are divided into completed andunfinished. In the first case, the perpetrator who committed the unlawful act believes that he has carried out everything that he considered necessary, but the criminal result does not occur due to objective circumstances (for example, with the purpose of committing a murder, a knife was struck in the abdomen, but timely medical assistance allowed to avoid death the victim). In the second case, the offender believes that he did not perform all the necessary actions (for example, the perpetrator committed apartment theft, but was found by the masters who summoned the police officers).

In practice, the division into these species is very important, since the completed attempt on the crime is more dangerous and should be taken into account by the court.

Separately, there is also an unsuccessful attempt,which is divided into 2 types. The first is an attempt on an unfit object. In this case, the perpetrator directs the actions to a specific object, but these actions do not infringe upon him due to an error and do not cause harm (for example, a sniper fires a dummy located in an armchair by police officers and reminiscent of the appearance of the person whom he must kill ).

The second kind is an attempt on a crime withinappropriate means. The perpetrator uses objects that, due to their objective properties and qualities, can not lead to the planned result (for example, a shot at a person was not made due to a malfunction of the revolver, a substance purchased as an acid in order to pour it out on the victim's face, it turned out to be a harmless solution, etc.). The evil eye, spoiling, conspiracies, etc., are also referred to as unfit ones, as objectively such actions of public danger do not represent.

Attempted crime is criminalpunishable. Actions of a person are qualified according to the article of the Special Part of the Criminal Code and reference is made to Art. 14. At the same time, punishment can not be imposed in excess of ¾ of the maximum punishment provided for in the sanction of the article. In Russia, the death penalty is not imposed for unfinished crimes.

Finished offense

At this stage, the perpetrator completed his criminal intent. His actions (inaction) are subject to qualification in accordance with the standards contained in the Special Part of the Criminal Code.

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