VIABLE AND UNVIABLE ATTEMPT TO COMMIT A CRIME
Keywords:
viable attempt, unviable attempt, criminal law, incomplete crime, absolutely unviable attempt, relatively unviable attempt, crime qualification, law enforcement practice, attempted crime, criminal liabilityAbstract
The article is dedicated to the study of the concepts of viable and unviable attempts at crime, which play an important role in the theory of criminal law and the practice of classifying incomplete crimes. The author analyzes the main features and criteria that allow distinguishing between viable and unviable attempts, including the circumstances under which the crime could have been completed. The article examines such forms of attempts as absolutely unviable (when the crime is impossible due to errors in choosing the object or means) and relatively unviable (where the error lies in the means or tools used in the crime). The article provides specific examples from court cases reflecting the complex circumstances of attempted suicide qualification. It is emphasized that knowing the characteristics and differences between viable and unviable attempts is crucial for imposing a just punishment and correctly qualifying actions. The article also provides a comparative analysis of the approaches of domestic and foreign scholars to these legal categories. This allows the author to generalize the unique and specific aspects of these concepts in different legal systems. This research paper has practical significance for lawyers and legal researchers involved in criminal cases.



