Crime Preparation and Attempted Crime
A person who prepares for a crime by finding, producing, or adapting means or tools, or intentionally creating conditions for its commission, will be held criminally liable if the crime was not completed due to circumstances beyond their control.
Attempted Crime
An attempt to commit a crime is an intentional act that is carried out with the intent to commit a specific crime, but which does not result in the completion of the crime due to circumstances beyond the person’s control. An attempted crime can be punishable as a separate offense under certain circumstances.
Justification and Excuse
Certain acts may be justified or excused under specific circumstances. These include:
- Emergency: Acts committed in emergency situations, such as rescuing someone from danger, are not considered criminal offenses.
- Physical or Mental Compulsion: Acts committed under physical or mental coercion that renders a person unable to control their actions are not considered criminal offenses.
- Reasonable Risk: Acts that cause damage to protected interests for the purpose of achieving socially useful objectives may be justified if the risk was reasonable and necessary to achieve those objectives.
- Execution of Orders: Acts committed in accordance with lawful orders or instructions from a superior officer are not considered criminal offenses, unless the order is obviously illegal.
Partnership
Intentional joint participation by two or more persons in committing a crime is known as partnership. This can take various forms, including:
- Simple Partnership: Two or more persons jointly participating in a crime, each implementing their own objective part of the crime.
- Difficult Partnership: One person acts as the contractor, organizer, instigator, or helper, while another person implements the objective party of the crime.
- Organized Criminal Group: A steady group of persons who have previously organized to commit one or more crimes.
Accomplices
Accomplices are individuals who promote or facilitate a crime. These can include contractors, organizers, instigators, and helpers. Accomplices can be held criminally liable for their role in the commission of the crime.
Forms of Partnership
Partnership can take various forms, including simple partnership, difficult partnership, organized criminal group, and criminal organization (criminal society). The level of coordination between accomplices determines which form of partnership is applicable.