The theory of law there is the concept of inchoate offense.Total in Russia they released three, depending on the degree of completion: cooking, attempted and completed crimes.In some countries, it also adds the appearance of intent.Typically, responsible for the latter is not available.
Preparation crime
This training activities the commission of unlawful acts, the creation of real conditions for their implementation.It can be expressed in priiskaniya instrumentalities and tools (eg, key duplication, acquiring weapons, etc.), priiskaniya accomplices (selection of artists, supporters, etc.), conspiracy to commit a criminal act, the creation of otherconditions.As a rule, the preparation is carried out for crimes of a material composition.Most often it is theft, robbery and looting.Criminal liability is provided only for crimes related to serious or very serious.
Attempted crime and its types
definition of this stage is given in the article.30 of the Criminal Code.This activity aimed directly at the commission of a crime, but not finished for reasons beyond the perpetrator circumstances.Preparation and attempt to commit a crime can be made only with direct intent.Carelessness and indirect intent is completely eliminated.
Attempts to subdivide the finished and unfinished.In the first case, the perpetrator who has committed a wrongful act, said that all the thought was necessary, but whose criminal result of objective circumstances does not occur (for example, to commit murder was stabbed in the abdomen, but the timeliness of medical care possible to avoid deathvictim).In the second case, the offender believes that it has made all the necessary actions (for example, the perpetrator committed burglaries, but was discovered by the owners, who called the police).
In practice, the division between these types is important because the completed an attempted crime is more dangerous and should be considered by the court.
Separately allocated as useless attempt, which is divided into 2 types.The first - an attempt on the waste facility.In this case, the perpetrator directs action on a particular object, but these actions do not infringe upon him by virtue of the error and the damage is not cause (for example, a sniper performs a shot in the dummy placed in the chair by the police and reminiscent of the appearance of the man he must kill).
second type - attempted crime is futile.The guilty person to achieve their illegal objectives using items that, because of their objective characteristics and qualities can not lead to the planned results (for example, a shot at the man was not made due to a malfunction of a revolver, a substance acquired as the acid to pour iton the face of the victim, it was a harmless solution, etc.).It also means unusable include the evil eye, damage, conspiracies, etc., as the objective of social danger of such acts do not represent.
Attempt to commit a crime is a criminal offense.Actions are qualified persons under Article of the Criminal Code, and reference is made to Art.14. This can not be punished more than ¾ of the maximum penalty provided for in Article sanctions.In Russia, for an uncompleted crime the death penalty not be imposed.
completed crime
At this stage, the guilty brought to an end its criminal intent.His actions (inaction) are qualified in accordance with the provisions contained in the of the Criminal Code.
