Tzw. usiłowanie kwalifikowane – próba nowego spojrzenia

Abstract

In the doctrine of criminal law, the term “qualified attempt” denotes two cases. Firstly, the term “qualified attempt” describes a situation in which, when the perpetrator, in their intent to commit a criminal act, directly aims to commit it but does not succeed (attempt), while fulfilling all premises of another criminal act (commission). In the second case, the term “qualified attempt” describes a situation in which the attempt at the commission of a criminal act is covered by the impunity clause on the basis of active grief, while the act of the perpetrator needs to be classified as a commission of a different criminal act. The article, following a general overview of the literature on the subject, presents the author’s own understanding of the term “qualified attempt”, which consists in the differentiation among attempt, cumulatively qualified attempt with commission, and non-punishable attempt subsumed as a punishable commission.

Keywords

• qualified attempt
• attempt
• stages of delict
• concurrence of provisions
• actual concurrence of provisions
• rules of exclusion of multiple evaluation