Comparative Analysis of the Criminal Legislation on a Completed and an Inchoate Crime

Maxim Gennadievich Zhilkin, Evgeny Swarovski

2021

Abstract

The purpose of the article is to identify the positive legislative experience of the foreign countries in the formation of constructs of a completed and an inchoate crime in a domestic criminal legislation. And in the furtherance of this goal, analysis of the provisions of the criminal legislation of a number of European countries, Australia, the USA, some CIS countries in terms of regulating liability for a completed and inchoate crime has been performed. During the research, the comparative legal method was used as the main one, as well as other methods of logical and structural analysis. As a result of the comparative analysis, the main differences in the normative regulation of a completed and inchoate crime in Russian and foreign criminal legislation have been highlighted, conclusions have been drawn about the existence of provisions that can be implemented, taking into account the Russian legal specifics in the Criminal Code of the Russian Federation. In a point of fact, it is proposed to indicate the full realization of the intent of the person committing the crime in the concept of a completed crime, to introduce a differentiated approach in determining the moment of the end of formally and materially defined crime, as well as the possibility of excluding the stage of attempt (preparation) for certain types of crimes, differentiate the measure of responsibility depending on the type of attempted crime - completed or inchoate, to consolidate the requirement to reduce the lower threshold of sanctions for an inchoate crime depending on its category, to introduce qualification rules for determining the stage of a crime in case of an actual error.

Paper Citation

in Harvard Style

Zhilkin M. and Swarovski E. (2021). Comparative Analysis of the Criminal Legislation on a Completed and an Inchoate Crime. In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 102-108. DOI: 10.5220/0010629700003152

in Bibtex Style

@conference{closa21,
author={Maxim Gennadievich Zhilkin and Evgeny Swarovski},
title={Comparative Analysis of the Criminal Legislation on a Completed and an Inchoate Crime},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={102-108},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010629700003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Comparative Analysis of the Criminal Legislation on a Completed and an Inchoate Crime
SN - 978-989-758-532-6
AU - Zhilkin M.
AU - Swarovski E.
PY - 2021
SP - 102
EP - 108
DO - 10.5220/0010629700003152