Bezkarne usiłowanie kwalifikowane jako karalne dokonanie w orzecznictwie

Abstract

A qualified attempt in a doctrine of a criminal law is two cases. The first one, when an offender, intending to commit a forbidden act, behaves in a way to directly aim at committing it, which eventually does not take place (an attempt), and, hence, realized all features of another forbidden act (a commitment) that is the act of an attempt with committing, and the second case when the attempt to commit a crime will be included in the clause of non-punishment on the basis of an active grief while the offender’s act should be considered as committing another forbidden act. The very text analyses selected court judicatures concerning the second case. The analysis led to the conclusion that the judicature assumes that an unpunished (on the basis of an active grief) attempt can be qualified as a criminal commitment. Also, the author’s opinion on the so called unpunished attempt subsumed as a criminal commitment was presented.