Commencing the commission of a criminal act in the European-continental and the Anglo-Saxon criminal law

A clear and precise definition of the activity that marks the beginning of the commission of a criminal act (Fr. commencemnt d'exécution), as the boundary between the non-punishable and the punishable stage in the commision of a crime, is of great importance for criminal law. The contemporary criminal legislation and criminal law doctrine are guided by different criteria in determining this boundary. In the European-continental legal system, the definition of criminal attempt is found in criminal law theories, while the criminal legislation in the Anglo-Saxon criminal justice system rely on appropriate tests in establishing the causal link. In this article, the author analyzes the theoretical and legislative solutions in the European-continental and the Anglo-Saxon criminal law on the activity that marks the beginning of the commission of a criminal offense and its delimitation from the preparatory stage.