Particular legal regulation of the punishability of attempt

Zbornik Radova Pravnog Fakulteta u Splitu. 2016;53(3):833-853

 

Journal Homepage

Journal Title: Zbornik Radova Pravnog Fakulteta u Splitu

ISSN: 0584-9063 (Print); 1847-0459 (Online)

Publisher: Pravni fakultet Sveučilišta u Splitu

Society/Institution: Pravni fakultet Sveučilišta u Splitu

LCC Subject Category: Law

Country of publisher: Croatia

Language of fulltext: Croatian, English, Serbian

Full-text formats available: PDF

 

AUTHORS


Bruno Moslavac

EDITORIAL INFORMATION

Double blind peer review

Editorial Board

Instructions for authors

Time From Submission to Publication: 10 weeks

 

Abstract | Full Text

The general rule on the punishment and culpability attempted criminal offense is separately regulated under the substantive criminal code, which prescribes the same time and the number of cases of a special punishment of attempts, in cases where it is not possible to apply a basic rule, which relies on a prescribed punishment for a particular criminal offense. Legal rule of culpability attempts is regulated through the guideline of “when the law expressly prescribes punishment for the attempt.” In this paper, the author shows in detail and analyzes all the special forms of criminality attempts, determining their representation, a catalog in Croatian criminal law, comparing the weight originally prescribed for a particular criminal offense which is extremely punishable attempt and analyzing their representation by each of the Penal Code. Finally, it points out that the legislator decided to specifically punish attempt and for crimes in the domain of so-called bargain crime, with a prescribed prison sentence of up to one year, with a number of offenses with a prescribed prison sentence of up to three years, which indicates that the legislative solution that is necessary to incriminate special cases when the attempt of a crime must be punished, even if they are beyond the reach of the general rule the criminality of attempts.