Lack of an object suitable for committing a prohibited act upon as an element of an impossible attempt (the perspective of legal doctrine and judicial decisions)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 2
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 2

Daniel Kwiatkowski - Vth year student, Jagiellonian University

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impossible attempt, possible attempt, intention, active repentance


The article is aimed at collecting, organizing and analyzing of the arguments raised in the dispute over the interpretation of the element of an impossible attempt that is “lack of an object suitable to commit a prohibited act upon.” In the case law, two opposite positions (objective and subjective) have been developed, resulting in significant discrepancies in applying the law in various cases, leading not only to problems with the appropriate legal qualifications of perpetrators’ behavior but above all to the attribution of criminal responsibility in general.