marTlmsajuleba kanoni

marTlmsajuleba
N4
da
kanoni
At the end, we should conclude by saying that our goal was to briefly overview legislative or case-law formulations
delineating preparation and attempt and classify them under some principle;
Although, as it is apparent from the above mentioned cases, attribution of a conduct to attempt or preparation
does not always depend upon legislative or judicial formulation. Apparently, what is also significant is the penal
policy of a State regarding inchoate crimes.
For example, in our observation, the country which principally declares preparation as unpunished stage of
criminal activity tries to move the line between preparation and attempt towards preparation; On the other hand,
the countries in which the abandonment not a defense 22 , try to move further the point of commencement of
criminal attempt and give potential defendant more time to think and renounce from criminal activity 2323
Similar opinion is stated in American Encyclopedia of Crime and Justice (American Encyclopedia of Crime
and Justice. Vol II, p. 95).
It is quite possible that this conclusion is based on pure coincidence rather then some valid facts, but I believe
that this issue needs further detailed research.
24