Attempt to Commit a Crime under the Doctrine of Criminal Law and Court Practice
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Abstract
The stages of committing a crime are clearly and precisely described in Articles 21 and 22 of the Criminal Code of the Republic of Lithuania. The stages of committing a crime are also, analyzed in a few textbooks of criminal law written by Lithuanian and Russian scholars. In spite of prima facie satisfactory regulation, court practice and doctrine of criminal law identifies a number of problems concerning the stages of committing a crime. This article discusses the main problems that concern the stage of an attempt to commit a crime and tries to suggest proper ways to solve it. This stage was chosen because it is in between of the other two stages, and this gives a number of problems to distinguish between an attempt and a different stage. The author briefly describes the legal characteristic of attempt, classifies them and distinguishes dolus eventualis as one of the subjective features. He finds some arguments on the possibility to attempt on dolus eventualis, which is quite a new theory in criminal law. Also, the article addresses the main types of attempt – appropriate and inappropriate, finished and unfinished. The article mainly focuses on the model of imitation of criminal situation and attempt to commit a property crime. Some theoretical rules on how to recognize an attempt in thefts (with a most frequent example in practice of thefts from cars) are discussed.
The author tries to formulate universal rules, which would make it is easier to determine whether it was only an attempt to commit a theft, or whether an act qualifies as a finished theft. These rules could be used by courts. Special attention is paid to cassation decisions of the Supreme Court, which formulates the court practice on how to apply the model of imitation of criminal situation. The author analyses these decisions and suggests a different approach regarding some kinds of crimes. The author argues that when the model of criminal situation is used to expose the crime, an attempt to commit a crime is not necessarily always the correct qualification,. In each separate case, a separate analysis is necessary, with a special focus on the object of the crime.
The author tries to formulate universal rules, which would make it is easier to determine whether it was only an attempt to commit a theft, or whether an act qualifies as a finished theft. These rules could be used by courts. Special attention is paid to cassation decisions of the Supreme Court, which formulates the court practice on how to apply the model of imitation of criminal situation. The author analyses these decisions and suggests a different approach regarding some kinds of crimes. The author argues that when the model of criminal situation is used to expose the crime, an attempt to commit a crime is not necessarily always the correct qualification,. In each separate case, a separate analysis is necessary, with a special focus on the object of the crime.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
