The problem of impossible attempt and voluntary abandonment (critical analysis of the resolution of seven judges of the Supreme Court of 19th January 2017, I KZP 16/16)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 2
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 2

Piotr Czapla, Natalia Ossolińska, Aneta Ostafin, Michał Rachalski, Grzegorz Surma – Jagiellonian University, Faculty of Law and Administration - 4th year students

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Keywords

attempt, impossible attempt, intent, prohibited act, Supreme Court

Summary

This paper discusses the interpretation of one of the elements of an impossible attempt – “the lack of an object suitable to commit a prohibited act upon” – adopted by the Supreme Court in resolution I KZP 16/16. The authors point out the inaccuracies in the Supreme Court’s argumentation which consists of an objective understanding, supplemented by certain subjective components, of the above-mentioned element of an impossible attempt. The next part of the article is a critical analysis of the concept adopted by the Supreme Court. This critique is based on the scope of applicability of the institution of active repentance and focuses mainly on the voluntariness of abandonment from the commission of a prohibited act.