Glossary / Advanced Criminal Law & Theory

Attempt

An attempt punishes conduct that has moved beyond mere preparation toward commission of an offence, even though the offence remains incomplete. Swiss criminal law recognises attempted offences and distinguishes questions such as the beginning of execution, impossibility, abandonment, and the offender’s intent. The rationale is preventive and culpability-based: the actor has shown a criminal will in a sufficiently concrete way. Comparative systems vary in how far preparatory acts are punished and whether withdrawal reduces or excludes punishment.

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