KARALNOŚĆ USIŁOWANIA NIEUDOLNEGO
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Date
1999
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Wydział Prawa i Administracji UAM
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PUNISHABILITY OF INAPT ATTEMPT
Abstract
The Author - starting his considerations from a discussion of primary legislation that took
into account only an alteration in outer world (no alteration = no punishment) - gives a survey of
the revolution of dispositions of law within the scope of attempt to commit an act which is illegal
(i.e. anti-social act) - and this - beginning from Roman law. Particular theories are then discussed
(objective and subjective attempt theories, material theory, abstractive-objective theory, formal-objective
theory, material-objective, general-objective and, finally, individual-objective theories). Among
recent theories the concrete-objective one and the theory of a gap in essential factors that statutorily
constitute an offence are mentioned.
Differences between absolutely inapt attempt and relatively inapt one - what is a result of
inappropriateness of the instrument of crime used in its real, qualitative, local or quantitative
aspect - are also presented.
When characterizing particular terms of this question the Author analyses the notion of inapt
attempt against the background of rich literature of the subject and terminates his considerations
with an evaluation of correspondent provisions within the newest Polish penal code that got into
force in 199?.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 61, 1999, z. 2, s. 101-117.