Nepodoban pokušaj u uporednom krivičnom zakonodavstvu
Impossible Attempt In Comparative Criminal Legislation

Summary/Abstract: It is a common rule that the commission of one or several activities determined by the law as the elements of the essence of criminal offence, produces consequences i.e. causes changes of the conditions in the outside world. However, it is rather frequent that in some situations the consequence of a criminal offence is left out due to the fact that criminal activity is committed either by inadequate means or against inadequate subjects. Such cases represent the examples of impossible attempt in criminal law, in which the consequence of criminal offence could by no means be caused. But, it is possible that some criminal acts require previous preparation of conditions and presumptions that enable or facilitate the commission of a criminal offence, through the commission of preparatory activities. Actual risk of endangerment of the protected value as well as the scope and intensity of demonstrated will to cause the consequence by committing criminal act, constitute the essence of impossible attempt and the ground to impose punishment on its perpetrator. Therefore, the definition, characteristics and nature of impossible attempt in comparative criminal legislation will be analyzed in this paper and compared with the solutions present in criminal legislation of the Republic of Serbia.

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