marTlmsajuleba kanoni

Some opinions regarding
the differentiation
between preparation
and attempt in American
and West European
Criminal Law
KACHA TSIKARISHVILI
Staff scholar of Tinatin Tsereteli institute of State and Law
According to art. 18 of the criminal code of Georgia “intentionally
creating conditions for the commission of the crime constitutes preparation
of the crime”
According to art. 19, part 1. “criminal attempt is an intentional conduct
which is immediately directed towards the commission of a crime”
Despite such clear formulation of the law, there are many cases in
which it is difficult for the court to draw a line between preparation and
attempt. In our view, this is natural because, the commission of a crime is
(sometimes) a step by step process which starts from the revelation of
criminal intent to the completion of the crime e and it is difficult to invent
a “magic formula”, which will always make possible to draw a line between
preparation and attempt.
As to European and American criminal law, the approaches are different
and so are legislations and doctrines 1 .
I think it will not be unnecessary if we examine this issue from a
comparative viewpoint. Lets pick up cases from case-law of different
countries and find out what was the ruling of the court.
1. A planned to rob a sub post office. He drove a motorbike to the post
office, parked it outside and approached, wearing a disguise sun glasses
and a crash helmet. He was carrying an imitation gun and a threatening
note which he planned to pass to the cashier in the sub post office. He
was walking down the street and when one yard from the post office
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