Law I / Attempt, Desistance and Participation
Practice question · True or false

A firm resolution to commit an offence, unaccompanied by any external act, is punishable as a preparatory act.

Hints
  1. Ask what the criminal law can observe.
  2. Preparatory acts are external acts, and even they are punishable only exceptionally.
Show the answer

False

Why

False. Deciding to offend is not punishable at all: cogitationis poenam nemo patitur. Even the preparatory acts that are external — conspiracy, proposal, provocation — are punishable only in the cases the law expressly provides, so the criminal law joins the road late and joins it only where the legislator has said so in advance.

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