Work

Possible scope of penalization of criminal attempts in a democratic state

Year: 2025

Type: article

Abstract: The concept of attempt is present in most contemporary legal systems. This article examines whether its legal construction may serve authoritarian objectives or, conversely, how it should be shaped in a democratic state governed by the rule of law. The analysis is conducted across six interpretative dimensions: horizontal, vertical, structural, reductive, consequential, and procedural. Special attention is given to the differentiation between preparation and attempt at the levels of unlawfulness and punishability. The author postulates that this boundary, as well as the scope of penalization of attempt, should depend on the protected legal interest and the offense type. The paper also explores the legitimacy of applying protective or probationary measures in response to attempted offenses.

Source: International journal of law, crime and justice

DOI: 10.1016/j.ijlcj.2025.100795

Author: Michał Wantoła

Institution: Jagiellonian University

Language: English

Topic: Criminal Law and Policy

Subfield: Sociology and Political Science

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,380