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14. When A and B were caught at the moment of looking into the locket of a shed, they run away. At a distance
from the shed, a car was found equipped with metal cutting equipment. The court qualified this case as attempted
theft(UK) 15 .
15. For the purpose of stealing a car, A was testing the wheels of parked vehicles, in order to find out which one
did not have a locked wheel. The court qualified this conduct as an attempted theft. (Germany 16 )
As these cases show, the line between preparation and attempt is sometimes very thin and depends on specific
test used by the court or specific legislation;
I think legislative and judicial formulations differentiating between preparation and attempt should be divided
into two parts:
1. Formulations for whom the starting point is revelation of criminal intent;
2. Formulations, for whom the starting point is the completion of the crime
1. Formulations for whom the starting point
is revelation of criminal intent;
2. Formulations, for whom the starting
point is the completion of the crime
According to US model Penal Code, attempt is a
“subustantial step” directed to the commission of
the crime
According to German Penal Code (art. 22) “criminal
attempt is committed by if the person, according
to his own belief immediately embarks upon the
commission of the crime” (unmittelbar ansetzt)
According to criminal law of 1981 of UK, “If the
person, in order to ...commit a crime commits an
act which is more then preparatory, he will be
punished for the attempt”
Accordingb to art. 121 of the criminal code of
France, attempt of a crime is “commencement of
execution” 17
According to unequivocality test,defendants
conduct is of such nature which are “as as to be
in itself sufficient evidence of the criminal intent
with which it is done. A criminal attempt is an act
which shows criminal intent on the face of it” 18 .
According to proximity test, defendants actions
should come close to the completed crime. This may
mean time or special proximity 19 .
The last act test means that the defendant exercises
a series of actions and his last action constitutes
criminal attempt. 20
“Corpus delicti” theory, means that upon the
attempt, defendant carries out some element of an
offence or an aggravating circumstance” 21
23