The impossible crime in comparative penal laws

Abstract

The impossible crime can be defined as starting to commit an action whose result cannot be attained by the perpetrator and which jurisprudents differed over determining its nature. Some jurisprudents such a crime as a failed crime because its results were not achieved for force majeure circumstances without which the perpetrator could have realized his (her) criminal intention. Therefore, the perpetrator deserves the punishment which is commensurate with the gravity of the relevant. Crime. Those are advocates of the (Personal Theory).

But when the criminal result is impossible to attain despite the possibility of obtaining this result as an indispensable prerequisite for implementation to realize its criminal intention, it will be impermissible to inflict punishment in this regard. Those are advocates of the second opinion (Material Theory).

Despite the above-mentioned difference, all jurisprudents differentiated between the absolute impossibility and comparative impossibility, and distinguished between the legal impossibility, on the one hand, and material impossibility, on the other hand.

Apparently the multiple and overlapping forms of impossibility will lead to failure to reach a unanimous and full agreement which provides appropriate solutions to crimes and leaves them to addressed by jurisprudence and the judiciary.

For the purposes of clarification, we have discussed the impossible crime through an introduction, preliminary topic and three other topics as follows:

In the introduction, we concentrated  on the research problem and its importance on the basis of a scientific and legal methodology with a research structure which is consistent with this methodology.

In the preliminary topic, we explained the concept of the impossible crime and how it is different from the failed crime.

In the first topic, we discussed the different trends of jurisprudence which tackled this crime on the basis of the major well-known legal proofs.

In the second topic, we highlighted the stances of comparative foreign and Arab Legislations.

In the third topic, we discussed the judiciary's opinions and judgments related to this crime using a comparative and punitive approach.

In the conclusion, we attempted to present the conclusions which, we believe, are important and made the recommendations which, we find, are appropriate as a summary of our research.

God is the purveyor of success