Abstract

BETANCOURT RODRIGUEZ, Santiago. Desistance in cases of failed attempt, with the possibility of still performing a criminal offence. Ius Humani [online]. 2019, vol.8, pp.187-223. ISSN 1390-7794.  https://doi.org/10.31207/ih.v8i0.220.

This article aims to approach the dilemma posed excluding (or not) the privilege of desistance in cases of failed attempt, with the possibility of still performing a criminal offence. For this, synthetic analytical research method was used. The structure of the article, after the introduction, begins first of all, this study shows general issues about the attempt, and doctrinal arguments to justify its punitiveness. Secondly, it describes the desistance and its nature opposite to the attempting to commit the offence and the doctrinal positions that have justified the (non) punitiveness and benevolence of it. Finally, the article states the conflict in cases of failed attempt, with the possibility of still performing the criminal offence, the doctrine proposes, the jurisprudential rules, and the author proposes his own solution system, applying circumstances that modify the criminal responsibility.

Keywords : Attempt; Failed Attempt; Incomplete Criminal Offence; Desistance; Circumstances that Modify the Criminal Responsibility.

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