What is the difference between consummation and attempt in criminal law?

In the field of criminal law, the difference between consummation and attempt is very important in determining the degree of responsibility and the legal consequences of criminal acts. The consummation of a crime occurs when all the acts necessary to produce the result foreseen in the criminal type have been carried out, while the attempt refers to those situations in which the agent has started the execution of the crime, but due to circumstances beyond his control, it has not been completed. This differentiation is fundamental in criminal practice, because the degree of execution of the act can have a significant influence on the penalty applied and on the interpretation of the criminal conduct.

Regulation of consummation and attempt in the Criminal Code

Article 15 of the Criminal Code specifies that both completed and attempted offences are punishable conduct. This means that the Criminal Code considers as an offence not only acts that have been fully completed (completed offence), but also those in which the actions to commit the offence have been started, although the final result has not been achieved due to external factors or outside intervention (attempt).

The punishability of the attempt responds to the intention of the subject to carry out the crime and the inherent dangerousness of his conduct, which, even if it is not completed, represents a significant risk to the legal assets protected by law.

Examples of completed and attempted offences

1. Consummated offence of burglary: A person enters a house without permission, takes valuables and leaves with them in his possession. Here the offence of burglary is considered completed, because all the steps necessary to carry out the act have been completed.
2. Attempted murder: A person fires a gun at another person with the intention of killing him/her, but the bullet misses or is intercepted before reaching the victim. Although the result does not occur, the act will be punishable as attempted murder because of the manifest intention to end the life of another person.

Specific differences between consummation and attempt in criminal law

In criminal law, consummation represents the last stage in the process of executing a crime. It occurs when the agent, after deciding to execute the criminal act, carries out all the necessary acts, achieving the results described in the Criminal Code. Consummation does not depend on the subject achieving the ultimate goal he had in mind, as this would be part of the exhaustion phase of the offence. In crimes that require a result, consummation is identified with the production of that result, as noted in the Supreme Court judgments of 6 October 2009 and 6 July 2010. Furthermore, Article 61 of the Criminal Code establishes that when a penalty is assigned, it is understood to be applied to the perpetrators of the completed offence.

On the other hand, attempt, according to Article 16 of the Criminal Code, occurs when the agent begins to carry out an offence by means of external acts that should produce the result, but the result is not achieved through no fault of his own. The Criminal Code only differentiates between a completed crime and an attempt, although doctrine and jurisprudence have detailed different types of attempt:

1. Finished attempt: This occurs when the subject carries out all the acts that should produce the result, but the result does not occur for reasons beyond his control.
2. Unfinished attempt: This occurs when the subject initiates the execution of the crime by means of external acts, but only completes part of the acts necessary for the result.
3. Inidoneous attempt: Related to the impossible offence, it occurs when, although the offence is initiated, it cannot be completed because the means or action used is not capable of producing the result.
4. Unrealistic attempt: An attempt where totally irrational or superstitious means, such as incantations, are used in an attempt to cause a result. This type of attempt is not punishable, because the law requires that the acts practised are objectively capable of producing the result.

Finally, Article 65 of the Criminal Code states that aggravating or mitigating personal circumstances only affect those to whom they apply, and those related to the means used only affect those who were aware of them at the time of the action. In the case of an instigator or necessary co-operator, if they do not meet the personal conditions of the perpetrator, the judge may impose a lesser penalty.