POKUŠAJ KRIVIČNOG DJELA I NJEGOVA INKRIMINACIJA U KRIVIČNOM ZAKONIKU REPUBLIKE SRPSKE
CRIMINAL ATTEMPT AND ITS REGULATION IN THE CRIMINAL CODE OF REPUBLIKA SRPSKA

Summary/Abstract: The article attempts to elaborate the general issues regarding the institute of criminal attempt. Bearing in mind the differences in both theory and practice over the issue at what point a person goes beyond preparing a crime (entering the zone of criminality), the article aims at explaining this institute to those studying or planning to study this concept. This entails elaborating: the notion and important elements of a crime (as they are seen crucial for the complete understanding of the concept); the analysis of individual stages in committing a crime, with special reference to the problems in making the distinction between the stage of preparation of a crime and the stage of the attempt; and a brief overview of theories on the concept of criminal attempt. The article then presents the way criminal attempt is regulated in positive law of Republika Srpska, particularly elaborating on the requirements necessary for the existence of criminal attempt in practice. The author then presents the way criminal attempt is regulated in positive law of Republika Srpska, particularly elaborating on the requirements necessary for the existence of criminal attempt in practice. Also, other issues are addressed related to the institute of attempt and of punishment, with the details of crimes for which attempts are not possible as well as crimes in which criminal attempt is equivalent to crime committed. The paper also analyzes the relationship between criminal attempt and other institutes of criminal law such as voluntary withdrawal, inappropriate attempt, and prolonged crime.

• Details
• Contents