COMMENCEMENT OF COMMITMENT OF CRIMINAL OFFENSE IN ANGLO-SAXON CRIMINAL LAW

Abstract

Determining the activity that marks the beginning of the commission of a criminal offense is one of the most significant and controversial issues of criminal law. The question is significant because it represents the demarcation of the punishable and, in principle, non-punishable stages of the execution of a criminal act. It is also disputed because there are no unique criteria for determining the demarcation line. In the Eurocontinental criminal justice system, the determination of the beginning of the execution of a criminal offense is offered by theories. In contrast to the above, Anglo-Saxon criminal law is special for the reason that it sees demarcation in tests, although doctrinal understandings can also be found here. In the article, the author analyzes the understandings/tests related to the attempt of a criminal offense in Anglo-Saxon criminal law.