Many of us have thought we’d like to strangle our annoying colleague or rob a bank so we never have to work again. However, these are just innocent thoughts that usually do not lead to real action. In the case of preparation and attempted crime, however, it is already a real and legally punishable act. In this article, we will look at the different stages of the development of a crime and tell you how to get rid of criminal liability for committing them.
TheCriminal Code recognizes three stages of a crime: preparation, intent and completion. In practice, however, a crime can be divided into several stages:
Conception of thought is the first stage, when a person begins to consider the possibility of committing a crime. It is an internal thought process that may be motivated by various motives (e.g. revenge, profit, fear). The mere conception of a thought is not criminal because criminal law cannot logically punish thoughts. It is only criminal if the thought is translated into a concrete act leading to a criminal offence.
Example. He starts thinking about killing Mr. Dvorak to get rid of these problems. This thought is in his mind, but for the time being it remains only in his mind.
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Intent is a further development of thought. It is the decision to commit a crime. Intent can be general (intent to cause a general consequence) or specific (intent to cause a particular consequence). Nor is intent per se criminal if it remains an internal decision and does not manifest itself in any external action.
Example: Mr. Novak decides that he will actually kill Mr. Dvorak. He plans to do it one night when Mr. Dvorak is alone in the garden. This decision is firmly in his mind, but he has not yet taken any concrete steps to implement it.
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The outward manifestation of intent occurs when a person begins to vent his or her intent to commit a crime outward. Again, this is not a criminal offence.
Example: Mr Novak goes to a pub in the evening where he confides in his friends his intention to murder his neighbour.
Preparation of a crime means that someone deliberately creates the conditions for the commission of a particularly serious crime, i.e. a deliberate crime for the commission of which the law provides for imprisonment with a maximum penalty of at least 10 years. These include e.g. murder, trafficking in human beings, etc.
Tip: What is a crime and how do we divide crimes? Find out in our article.
Preparation is punishable under the criminal law according to the crime to which it was directed (unless the criminal law provides otherwise). However, the preparation of a crime is punishable only if the law explicitly states this for the crime in question and if there is no attempt or completion of the crime itself.
Preparation of a crime means:
Example: Mr Novak plans the murder of Mr Dvorak and divides the tasks between his accomplices, Mr Svoboda and Mr Kovar. Mr. Svoboda is to watch Mr. Dvorak and report his movements, while Mr. Kovar is to take care of removing the body. The operation is scheduled for Friday evening, when Mr Dvorak is usually home alone.
Mr Novak will buy a knife, gloves, plastic tarpaulins and cleaning products to be used in the crime and to remove the marks. He meets with Mr. Svoboda and Mr. Kovar to plan the details of the murder and divide up specific roles.
Mr. Novotny will give Mr. Novak advice on how to carry out the murder and dispose of the body. Mrs. Krejčí will help him financially to purchase the necessary tools and Mr. Marek will offer his house as a safe place to plan the murder.
This is an act which is immediately directed towards the commission of a crime and which is carried out by the perpetrator with the intention of committing that crime. Attempted crime is punishable under the penalties provided for a completed crime.
Example: Mr Novak breaks into Mr Dvorak’s garden where he knows that his neighbour spends Friday evenings. When Mr Dvorak appears, Mr Novak attacks him with a knife in his hand. However, Mr Dvorak sees Mr Novak at the last moment and manages to escape.
Completion of the offence occurs when the offender has successfully fulfilled all the statutory elements of the offence, meaning that the offence has actually been committed and completed.
Example: Mr Novak stabs his neighbour Mr Dvorak. He dies on the spot as a result of the attack. Completion of the offence occurs at the moment of the first stabbing.
This is a situation where the crime is fully realised and the consequences of the crime are already in force.
Example: completion of the offence occurs when Mr Novák stabs Mr Dvořák for the last time and he dies.
Criminal liability for the preparation of a particularly serious crime ceases if the perpetrator voluntarily refrains from further conduct leading to the crime and at the same time:
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It also applies that if more than one person participated in the act, the perpetrator who ceased to participate and announced his preparation is not criminally liable, even if the other perpetrators complete the act without his contribution or despite his announcement.
Example: Mr Novák and his two friends, Mr Svoboda and Mr Kovář, plan to murder Mr Dvořák. After several meetings and the division of tasks, Mr. Novák realizes that he does not want to proceed. He reports his intention to the police and stops participating in the plan. The police may still intervene, but Mr Svoboda and Mr Kovar continue without Mr Novák and complete the crime. Mr. Novak is not criminally liable because he stopped acting and reported the preparation in time.
The preparation and attempt of a crime represent important stages in criminal law that involve specific actions aimed at the realisation of particularly serious crimes. While the mere contemplation and decision to commit a crime are not criminal, preparation and attempt may already be if the law expressly provides for it.
Preparation includes organizing, gathering tools, conspiring with others, and providing assistance in planning the act. An attempted crime occurs when the perpetrator begins to carry out his intentions but fails to complete them.
Importantly, perpetrators can be exempted from criminal liability if they desist from their actions in time and take steps to remove the danger or inform the authorities. This approach provides an opportunity for redress and prevention of the completion of serious crimes.
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