Abstract:

This article discusses the essence of the first stage of uncompleted crime, the institution of crime preparation and the legal scope of its manifestation. Thus, it is important to determine the exact legal scope of its practical implementation, on the one hand, in order to distinguish it from actions not punishable by law and disclosure of intent and, on the other hand, to draw a clear legal boundary with the second stage of an unaccomplished crime – the criminal attempt. In this regard, it should be noted that the preparation of the crime is the basis of the process of the practical realization of the intention, the purpose of which is to create the appropriate conditions directly to carry out the process of initiation of the elements of the crime, the stage of the attempt. It is in this aspect that it differs from the attempt of the crime, in which case the process of realizing the elements of actus reus of the crime begins directly.

As is known, the criminal legislation of all countries does not declare the preparation stage of the crime as punishable. However, in the practice of some countries, the abovementioned actions still do not remain beyond the scope of criminal liability, and classic preparatory activities, based on the extensive definition of the attempt of crime are classified as attempted crimes. Thus, practical issues of the actual interrelationship between ordinary preparatory activities and attempted crimes are also discussed in this aspect.

Keywords:

Intention, Reveal, Planning

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