COMPLETED AND INCOMPLETE ATTEMPTS

Abstract

An attempt to commit a crime is a type of incomplete crime characterized by the initiation of the criminal act. An assault is committed on an object protected by criminal law, causing harm or creating a risk of harm. At the stage of attempting to commit a crime, part of the objective side of a specific crime is carried out, meaning that the action or inaction expressed in the disposition of the Special Part of the Criminal Code is fully or partially implemented, but the desired criminal outcome does not occur. In criminal law doctrine, attempts are classified into completed and incomplete types. The criteria, legal significance, and differences in this classification have not been sufficiently analyzed. This article provides a scientific-theoretical and practical analysis of the legal nature of completed and incomplete attempts, and the author forms conclusions on this issue. To prevent misunderstandings when using terms such as a completed crime and uncompleted attempts, to adhere to the requirements of legal technique, and based on the interconnection of the stages of committing a crime, it has been justified that it is appropriate to apply the types of attempts as “unfinished attempt” and “finished attempt.” It is also proposed to differentiate the nature of the social danger of an uncompleted attempt and a completed attempt in the imposition of punishment.