Criminal Attempt, Impossibility, and Withdrawal in Criminal Law
Criminal Attempt, Impossibility, and Withdrawal
Suitable or Relatively Inept Attempt
This occurs when the means used are objectively and reasonably fit to cause the intended result, but fail due to obstacles. For example, a gun without bullets or a reinforced door preventing entry.
Absolutely Inept or Unreal Attempt
This involves attempts where the means used are inherently incapable of producing the result, such as attempting to kill someone using magic spells. These attempts are typically not punishable.
Impossible Crime
This refers to situations where the crime is impossible due to the absence of the object of the crime. Examples include firing into an empty house intending to kill someone or attempting to steal from a room containing only trash. The legal treatment of impossible crimes varies.
Rules for Sentencing and Withdrawal
Attempt
When the intended result does not occur despite suitable means, due to reasons beyond the perpetrator’s control (e.g., victim resistance, police intervention), it is considered a punishable attempt. According to Article 62 of the Criminal Code, the penalty is reduced by one or two degrees.
Article 62: “The perpetrators of attempted crimes shall be subject to a penalty one or two degrees lower than that prescribed by law for the completed offense, as deemed appropriate, taking into account the inherent danger of the attempt and the degree of execution achieved.”
Article 64: “The above rules do not apply in cases of attempt and complicity specifically punishable by law.”
Withdrawal
Voluntary withdrawal from an attempt, before completion, results in no punishment.
- Voluntary Withdrawal: Ceasing the execution of the crime before completion (e.g., not pulling the trigger).
- Effective Repentance: Taking action to prevent the intended result after the execution has begun (e.g., taking a poisoned person to the hospital).
Both situations may result in acquittal, as the law encourages preventing harm. However, any acts already committed that constitute a separate crime are still punishable.
Article 16.2: “Those who attempt to prevent the consummation of a crime voluntarily, or abandon an already begun execution, stopping the production of the result, are exempt from criminal responsibility, without prejudice to the liability they may have incurred for acts already performed, if they constitute another crime or misdemeanor.”
Article 16.3: “In the case of co-offenders, those who desist from the already begun execution and firmly and decisively prevent, or attempt to prevent, the consummation, shall be exempt from criminal responsibility, without prejudice to the liability they may have incurred for acts already performed, if they constitute another crime or misdemeanor.”
Consummation of the Crime
Consummation refers to the completion of all elements constituting the crime. It is distinct from the exhaustion of the offense, which is the ultimate objective of the perpetrator. The time of consummation is crucial for determining applicable laws, admissibility of evidence, and the statute of limitations.