ATTEMPT IN EUROPEAN CRIMINAL LEGISLATION

Abstract

As a rule, one or more activities prescribed by law as elements of a criminal offence result in a consequence in terms of causing a change or state in the outside world. However, it is often the case that a person undertakes an action, but a consequence of a criminal act does not occur. In these cases, such actions constitute attempt (incomplete criminal offence). It is possible sometimes that the execution of a criminal action requires certain preconditions, in terms of preparatory actions that enable or facilitate the committing of a criminal offence. The real danger from jeopardizing the protected good, as well as the scope and intensity of the expressed criminal will to cause a consequence by action taken constitute the very essence of attempt and grounds for punishability. This paper shall therefore analyse the notion and characteristics, contents and nature of attempt in criminal legislation of a number of European countries and compare them with the solutions found in Serbian criminal legislation.