Possible scope of penalization of criminal attempts in a democratic state

Abstract

The concept of attempt is present in most contemporary legal systems. This article examines whether its legal construction may serve authoritarian objectives or, conversely, how it should be shaped in a democratic state governed by the rule of law. The analysis is conducted across six interpretative dimensions: horizontal, vertical, structural, reductive, consequential, and procedural. Special attention is given to the differentiation between preparation and attempt at the levels of unlawfulness and punishability. The author postulates that this boundary, as well as the scope of penalization of attempt, should depend on the protected legal interest and the offense type. The paper also explores the legitimacy of applying protective or probationary measures in response to attempted offenses.