Elements of attempt (eg)
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Egypt > Criminal law
Threre are three elements of attempt.
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(1) The commencement of executive acts:
The executive act must directly tend to ينصرف إلي/ يتجه مباشرة إلي the execution of the criminal result. Hence, mere acts or preparation are not sufficient for incrimination. Distinguishing between preparatory acts and executive acts: Preparatory acts are the first steps which the offender takes towards committing his crime. E.g. when someone (Z) decided to set fire to (P)'s crops. He begins to prepare for the offence when he buys the gasoline to burn with, or when he buys a railway ticket to P's village. These are acts of preparation, and do not constitute the commencement of the execution of the offence. There are some preparatory acts which constitutes crimes in themselves. E.g. one who prepares to kill another, by buying an unlicensed weapon. This is an independent crime. (Possession of an unlicensed weapon). And in same time is a preparatory act of homicide. And this has not yet reached the degree of an executive act of an attempt. The offender must have done more than merely preparation. He must have commenced the execution. And this commencement of execution must have been accompanied by an intention to consummate ينجز/يتم the offence. There is still, no precise formula to determined, at what point, one can say that the execution of an offence has commenced. There are to theories which dealt with this, (the subjective الشخصية theory, and the objective الموضوعية theory). But there is an attractive test معيار suggested: Acts should treat as an attempt when:
- They tend directly towards the consummation إنجاز/إتمام of the offence.
- They tend directly to the actual execution of the offence.
- They are done with the intention of carrying out the offence.
- The act must be interpretated in the light of the intention.
(2) The intent to commit the felony or misdemeanor:
- 1) Attempt requires an intent, so unintentional crimes can not be incriminated as attempt, they are excluded.
- 2) The wrongdoers shall intend to commit felony or misdemeanor. Contraventions المخالفات are excluded, as they are minor breaches of law.
(2.1) Voluntary Withdrawal:
- 1) The Egyptian penal code provides that, a punishable attempt is only committed if the completion of the offence has been interrupted or failed due to independent circumstances outside of the will of the wrongdoer.
- 2) Voluntary withdrawal is a defense that exempts the wrongdoers from punishment, regardless of their motives (noble or ignoble). This is because the legislator tends to reward the wrongdoers for their voluntary withdrawal in order to encourage the abandonment of التخلي عن crime.
- 3) The withdrawal can be voluntary only when the wrongdoers are not interrupted against their will, and have no obstacles to prevent them of carrying out the crime.
(2.2) Voluntary Withdrawal Distinguished from Repentance:
- If the crime is completely consummated أنجزت, the abandonment of the crime hereafter بعدئذ is not a defense as it is a repentance and not voluntary withdrawal. E.g. Z broke into P's house and stole his money and went away. Latter, P issued an advertisement in the newspaper imploring يناشد/يتوسل the offender to bring back his money as it was allocated for مخصصة ل his medical treatment. Z repents and decided to return the money. Upon returning the money, Z was arrested. In such a case Z will not benefit from this defense as a voluntary withdrawal. Yet, had he withdrawn while he was at P's home, stealing his money, the defense would have worked for his benefit.
(3) Failure of effect:
Article 45 of the Egyptian penal code provides that the completion of the offence being not only interrupted but also "Failing Effect" due to independent circumstances and outside of the will of the wrongdoer.
- 1) Suppose that the offender has performed the whole series سلسلة of acts by which he expects to accomplish his crime. In ordinary cases, the offence will then be consummated جريمة تامة. However, his scheme may not be realized, due to some failure on the part of the means used to produce the intended result. E.g. the poison has been administered but it has not been strong enough to produce death, the gun has been fired, but the bullet did not reach a vital part of the victim's body and he survived.
- 2) Failure arising from the will of the party, But is not very common شاذ/غير مألوف. (E.g.: a poisoner who, after administering the poison, saves the life of his victim by giving him the antidote مضاد للسم). In this case, the poisoner would indeed be guilty of poisoning because the offence of poisoning consists not of causing death by poison but of administering substances which can cause death
