Наукові статті кафедри кримінального права і процесу

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Criminal attempt in the Polish penal code
(Національний авіаційний університет, 2020-03) Katarzynar, Naza; Palichleb, Patrycja; Назар, К.; Паліхлєб, П.
The institution of criminal attempt is governed in Chapter II entitled "Forms of Commission of an Offence" in the general part of the Polish Penal Code (Act of 6 June 1997; consolidated text Journal of Laws of 2019, item 1950, hereinafter referred to as PC). In accordance with the wording of Article 13 § 1 PC: "Whoever with the intent to commit a prohibited act, directly attempts its commission through his conduct which, subsequently however does not take place, shall be held liable for an attempt." The second section of that provision, specifying the conditions for an inept attempt, provides that "An attempt also occurs when the perpetrator is not himself aware of the fact that committing it is impossible because of the lack of a suitable object on which to perpetrate the prohibited act or because of the use of means not suitable for perpetrating this prohibited act."