skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 63990 Find in a Library
Title: ATTEMPTED CRIME
Journal: CENIPEC REVISTA  Volume:1  Dated:(1976)  Pages:11-41
Author(s): H F CORDERO
Corporate Author: National Council on Crime and Delinquency
National Center for Integrated Data Analysis
United States of America
Date Published: 1977
Page Count: 31
Sponsoring Agency: National Council on Crime and Delinquency
Format: Article
Language: Spanish
Country: Venezuela
Annotation: DRAWING FROM ITALIAN, SPANISH, AND VENEZUELAN STUDIES AND LEGAL DEFINITIONS, THIS ARTICLE DISCUSSES THE STAGES AT WHICH OBSERVABLE PREPARATIONS TOWARDS COMMISSION OF A CRIME FALL UNDER CRIMINAL LAW PROVISIONS.
Abstract: THE EXTENT TO WHICH AN ATTEMPTED CRIME IS LEGALLY PUNISHABLE DEPENDS ON THE ATTENDANT CIRCUMSTANCES AND MOTIVATIONS. THE STAGES OF A CRIME ARE GENERALLY MENTAL, VERBAL, AND EXTERNAL, OCCURRING IN THE MOMENT OF FORMULATION IN THE POTENTIAL OFFENDER'S MIND, IN THE EXPRESSION OF A PLAN TO COMMIT A CRIME, AND IN THE ACTUAL EXECUTION OF THE CRIME. ONLY OVERT ACTS FROM WHICH CRIMINAL INTENT CAN BE INFERRED BEYOND A REASONABLE DOUBT AND THOSE CLEARLY PROSCRIBED BY CRIMINAL LAWS CAN BE LEGALLY PUNISHABLE, BUT ABSOLUTE CRITERIA FOR RECOGNIZING THEM HAVE NOT YET BEEN ESTABLISHED. THE POSITIVIST SCHOOL OF CRIMINOLOGY CALLS FOR THE CRIMINALIZATION OF ATTEMPTED CRIMES ON THE BASIS OF THE OBVIOUSLY DANGEROUS PERSONALITY OF THE POTENTIAL OFFENDER. OTHERS SEE THE NATURE OF THE CIRCUMSTANCES WHICH PREVENT A CRIME FROM BEING CONSUMMATED AS THE DECISIVE FACTOR IN ESTABLISHING CRIMINAL RESPONSIBILITY. SUCH CIRCUMSTANCES CAN BE ACCEPTABLE WHETHER THE OFFENDER STOPS SHORT OF THE FINAL ACT OF HIS OWN FREE WILL (BECAUSE OF SPONTANEOUS REPENTANCE, AS DEFINED BY ITALIAN AND SPANISH CRIMINOLOGISTS) OR IS FRUSTRATED BY CIRCUMSTANCES INDEPENDENT FROM HIS WILL (AN ACT OF GOD, THE INTENDED VICTIM'S REISTANCE, OR POLICE INTERVENTION). --IN SPANISH. (LGR)
Index Term(s): Criminal codes; Criminal intent; Criminal responsibility; Italy; Legal liability; Spain; Venezuela
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63990

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.