The Road to the Offence
The iter criminis describes the path from initial thought to exhausted consequence.
| Stage | Treatment |
|---|---|
| Deciding to offend | Not punishable. Thoughts do not offend |
| Preparatory acts | Not punishable, unless expressly provided by law |
| Attempt | Punishable |
| Completion | Punishable |
| Exhaustion | Adds nothing to criminal liability |
Three preparatory acts are punishable when the law expressly states:
- Conspiracy: two or more agree to commit an offence and resolve to execute it.
- Proposal: a person resolved to offend invites others to participate.
- Provocation: inciting an offence publicly; if the offence follows, it is punished as induction.
Attempt and Desistance
Under the Code, an attempt requires beginning execution directly by external acts.
- Unfinished attempt: only part of the execution acts are performed.
- Finished attempt: all execution acts are performed, but the result does not occur.
- Apt attempt: the means and object could produce the result.
- Inapt attempt: the means cannot produce the result, yet remains generally punishable.
- Unreal attempt: superstitious means; never punishable.
Article 62 lowers the penalty for an attempt by one or two degrees.
Desistance exempts a person who voluntarily prevents completion. Stopping because the police arrived is not voluntary.
Who Commits the Offence
Article 27 sets liability for principals and secondary parties.
- Article 28 defines authors as those who commit the act directly, jointly, or through an instrument. It also includes direct inducers and necessary cooperators.
- Article 29 defines accomplices as those who assist without falling under Article 28. Article 63 reduces their penalty by one degree.
Courts rely on control of the act to identify the true author.
Accessoriness of Participation
Participation is strictly accessory. Secondary liability requires a principal act that is typical and unlawful.
Common pitfall: Inducers are not automatically cleared if the principal is acquitted. If the principal lacks culpability, the inducer remains liable. If the principal's act was justified, no unlawful act exists, and the inducer is cleared.