Infracţiunea imposibilă
Impossible crime

Summary/Abstract: Within the context of the present legislation, the approached subject, bears many aspects and makes place for more discussions, but without claiming that the ones stated by us may not be submitted to opposed arguments, we consider that the division of the attempt into the two forms of appropriate and inappropriate attempt is the closest to a right and equitable approach of the problem. Not even the arguments that consider the classification made by the legal text, do not stand in front of the historical arguments I presented, that state the legislator’s intention at the time the Criminal Code entered into force, a fact that makes us say that only the “inappropriate” attempt could enter in the content of the subjects of the so-called impossible crime, constituting situations of attempt absolutely improper.

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