Unfinished crime is a certain type of action or inaction that is characterized by willfulness and danger. Moreover, it has an unfinished character, that is, the crime ended at the initial stage. Finished and unfinished crimes are definitions that are correlated in their own sense.
General concepts
A crime becomes incomplete if the process of its commissioning has stopped at the preparatory stage, that is, there is a fact of attempt on the offense. Often this concept is considered the initial criminal activity, begun, but not completed, that is, this is a kind of unsuccessful attempt to commit an offense. In the case of the implementation of such activities, the objective side of the crime remains untouched, but responsibility for the unfinished crime is still implied. Such a factor makes the definition look like a completed crime, where the initial stage is exactly the same and the result is, in principle, identical. But there is a big difference between a finished and an unfinished crime. This is so because in the former all aspects of the process of committing an offense are fully implemented. But the latter remain at the initial stage.
Unfinished crime - what is it?
Thus, this definition refers to the motive and preparation for the commission of the offense, but the object of the crime is not harmed. The activity stops due to some reasons to which the offender may not have any relation.
The offense is committed when the offender is active. That is, some, even initial actions are taken, as well as when it is inactive. That is, one of the stages - this is preparation or the attempt itself - is completely excluded. Or, in the case of complete inaction, none of the options may arise. An unfinished crime is in any case an offense for which punishment is subsequently punished. Despite the fact that the main part of the commission of the act is not affected. The sentence for an unfinished crime may be different, it all depends on the details of the case.
The essence of the concept
Completed and incomplete crimes have their own specifics. The first concept is an action or inaction, which is supported by all indicators of the atrocity. Thus, if a person has a certain motive, there is not only the subject of the offense, but also the object, is the result of the act, then the crime can be considered completed.
The concept of an unfinished crime involves only the initial stage of the commission of the crime, that is, the motive and preparation for the commission of the offense. This ends the unfinished crime. It is important that the crime was not committed due to voluntary refusal or due to independent reasons.
The consequence of an imperfect crime is the lack of damage to the object. There are a number of variations when a person will be punished for an incomplete crime, even if he refused on his own.
Probable difficulties
Significant difficulties are the distinction between the concepts of voluntary abandonment of the process of committing atrocities and unfinished offenses. In particular, in judicial proceedings this point causes a number of difficulties.
When a person’s refusal is made of his own free will, he must stop preparing to commit an offense, and he must also decide that he really wants to. Moreover, it is important that everything is voluntary, that is, the potential criminal must understand that the likely actions will harm, and he does not want to, even if he has all the possibilities for this.
It is this awareness that is important, because most of the attackers, fearing to get punishment, also stop the process of doing so, and also of their own free will. As a result, the plan is ripening in their heads and may well be perfect in the future.
That is, the court must take into account the fact that a person really realized his position, that is, conscience, morality, competence do not allow him to commit a crime. This is called a motive, which can be in the form of complete repentance or awareness of the illegality of their activities.
The main causes of an unfinished crime are fear, non-existent benefits, the intervention of others, or inadequate physical or moral training.
Unfinished Crime Stages
An unfinished deed has its own stages, which are already known, but it is important to understand what exactly they include.
Preparing for a crime is the main and primary stage, which involves the search for tools in order to make a crime. This stage also includes the search for like-minded people, accomplices in the crime, counting time and choosing a place.
The search process, the acquisition involves the acquisition (by any option) of the tool in illegal ways. Also, the criminal can make a gun on their own.
Plus, an attacker can use other tricks to successfully complete his idea, he studies the victim, monitors her daily routine, prepares an alibi, acquires all the necessary items - clothes, shoes, bags and more.
The attempt is the next stage after the preparation, which is characterized by the fact that the offender carries out his crime, but in the unfinished offense it does not develop to the end, it breaks off.
Types of Attempts
Types of unfinished crime include completed or unfinished assassination attempts.
Completed involves the complete implementation of all planned actions, but the result is not achieved for reasons for which the violator is not related. This happens if a person chooses the wrong victim, who, for example, was able to defend herself.
The concept and types of unfinished crime are close definitions, because the concept includes a classification of such violations. For example, the concept suggests that it is an action or inaction that stopped at the initial stage of the crime. There are two types of such crime, respectively - active and passive.
Signs
- The presence of some intent, therefore, carefully prepared for the crime. If a person was in a state of affect or has mental deviations, then he often did not have such intent.
- An attacker must have tools for committing a crime, as well as various things and tools.
- Constant discussion of crime with partners in the crime, which takes place regularly.
Qualification specifics
The qualification of an unfinished crime presupposes the presence of its own characteristics and specifics.
This may be, for example, the manufacture of knives, which is considered a serious crime. Or a person acquires a weapon with relevant documents, but not for spending leisure time on a hunt, but for a potential offense. That is, this is already considered the initial stage of the crime - preparation, and this is already a criminal offense.
Qualification Features:
- shows the actual stage where the development of the offense has stopped;
- says that the motive of the attacker must be proven, otherwise the crime will be incomplete;
- in the absence of a significant result, all the deed will already be assessed as an attempt;
- in the event that the primary stages include additional villainy, then in the end the responsibility for the unfinished or completed crime will be calculated in the aggregate of offenses;
- if a person voluntarily refuses to commit an atrocity, while at the same time repenting, then everything is regarded taking into account the article "voluntary refusal";
- some types of crimes that are not reported to the outcome may be completely unremarkable and harmless to society, therefore they are evaluated differently;
- it is also incompleteness due to emerging reasons that are not related to the attacker.
Grounds
The grounds for sentencing for an unfinished crime are:
- A perfect act in which all the features of villainy are present, that is, a motive, object, subject, and so on.
- The reasons why the attacker could not finish the work he started.
- Potential harm to society and its representatives, and this carries a reason for imposing serious punishment.
- If absurd methods were used to commit a crime, such as conspiracies or rituals, then this does not entail punishment.
- If absolutely or was supposed to commit a particularly serious offense. Provided that this is preparation for a simple and petty theft, no punishment is imposed.
Penalties
For an incomplete crime, special penalties are prescribed in the Criminal Code, where everything depends on the components of the case.
All actions correlate with the possible damage that the attacker could cause.
- Responsibility for not very serious and serious violations can be estimated at half the time from punishment for completed atrocity.
- 2/3 of the term from a full-fledged offense, if the act is serious, especially serious.
- For the incompletely committed act, there is no serious punishment in the form of life imprisonment.
- If a person repents and receives the verdict "voluntary refusal", then he may not receive any criminal punishment, but confine himself to an administrative one.
Arbitrage practice
In judicial practice, it is quite difficult to disassemble cases that were stopped at the initial stage, because all the evidence is based on the evidence obtained.
Let's say a person buys a tool to open safe locks, and this is not considered a violation, even if he had an intention, because the purchase itself does not carry anything.
If a person admits his desire spontaneously, then this is also not a serious reason, since at any moment the violator can take his words back and the case will not be sorted out.
Today, monitoring of potential violators is practiced in order to immediately stop all possible consequences. As a rule, in such cases, the act does not even reach the first stage, but remains only in the thoughts of the attacker.
The courts in this regard are guided only by qualifications, therefore, if at least one of the stages of the atrocity has been completed, a person is already sentenced to a crime.
When making an opinion, judges must take into account the motives of the offender, as well as all existing features of his activities. In this case, the most objective verdict will be given.