What is an attempt to commit a crime?
An attempt to commit a crime is a form of criminal liability that arises when a person intends to commit a prohibited act and takes conduct directly aimed at completing it, but the offence is not ultimately completed. In practical terms, the law may treat a person as criminally responsible even if the planned result did not occur, provided that their actions went beyond mere preparation.
Under Polish criminal law, the concept of attempt is regulated in Article 13 of the Polish Criminal Code. The key elements are intent, conduct directly aimed at committing the offence, and the absence of completion. This means that the prosecution must usually show not only what the person did, but also what they intended to achieve and how close their conduct was to the commission of the offence.
An attempt is therefore different from preparation. Preparation may involve planning, gathering information, acquiring tools or agreeing on a course of action. Attempt begins when the conduct enters a stage that is directly connected with the commission of the offence. The exact boundary between preparation and attempt can be disputed and often depends on the facts of the case, the type of offence and the evidence available.
What conduct may amount to an attempt?
An attempt may arise in many areas of criminal law. Examples include trying to steal property but being stopped before taking it, attempting to defraud another person before the money is transferred, trying to cause bodily harm but failing to hit the victim, or attempting to cross a border using forged documents but being detained before entry is completed. The legal assessment always depends on the statutory elements of the specific offence.
In Polish law, attempt generally requires intent. This means that liability for an attempted offence is linked to intentional conduct directed at committing a prohibited act, including direct intent and, where legally possible, eventual intent. In cases involving negligence, the concept of attempt usually does not apply, because the person did not intend to bring about the prohibited result.
Polish criminal law also recognises an impossible attempt. This may occur where the offender is unaware that completing the crime is impossible, for example because the object of the offence is unsuitable or the means used cannot achieve the intended result. Article 13 §2 of the Polish Criminal Code addresses this situation. The legal consequences may differ from an ordinary attempt, including the possibility of extraordinary mitigation of punishment or even refraining from imposing a penalty under Article 14 §2 of the Polish Criminal Code.
The distinction between an attempt and a completed offence is important for both the defence and the injured party. In some cases, the absence of completion may affect the classification of the act, the evidentiary strategy, the scope of damage, and the potential sentence. In other cases, the law allows punishment for an attempt within the same statutory limits as for the completed offence, as provided in Article 14 §1 of the Polish Criminal Code.
When is legal assistance needed in cases involving an attempt?
Legal assistance may be necessary whenever a person is suspected, accused or questioned in connection with conduct described as an attempt to commit a crime. Early assessment is particularly important where the facts are ambiguous and the case depends on whether the conduct was only preparation or already a direct step toward committing the offence.
A lawyer may analyse whether the alleged intent can be proven, whether the person’s actions were sufficiently direct, whether the offence was legally or factually possible, and whether the evidence supports the prosecution’s version. This may involve reviewing witness statements, surveillance recordings, digital evidence, expert opinions, correspondence, financial records or police documentation.
Legal support may also be important for injured parties. A person or company affected by an attempted offence may need assistance in filing a notification of a suspected crime, securing evidence, participating in proceedings, claiming compensation, or protecting business and personal interests during the criminal process.
In some cases, a person may avoid liability for an attempt if they voluntarily abandon the act or prevent the prohibited result. Article 15 of the Polish Criminal Code regulates the consequences of voluntary withdrawal and efforts to prevent the result. Whether this provision applies depends on the timing, motivation and actual conduct of the person involved. A detailed legal assessment is often required, especially where the prosecution argues that the abandonment was not voluntary or occurred too late.
A prompt consultation with a criminal lawyer can help avoid procedural mistakes, inconsistent explanations, loss of evidence or decisions that may increase the risk of criminal liability. It can also help determine whether the case should focus on lack of intent, lack of directness, impossible attempt, voluntary withdrawal, evidentiary gaps or another defence strategy.
Support of a law firm in cases concerning an attempt to commit a crime
Support in matters involving an attempt to commit a crime may include in particular:
- legal assessment of whether the conduct qualifies as an attempt, preparation or a completed offence,
- defence of suspects and accused persons in criminal proceedings,
- representation during questioning, detention-related actions and court hearings,
- analysis of intent, directness of conduct and evidentiary weaknesses,
- preparation of procedural submissions, defence motions and evidentiary requests,
- assistance in cases involving voluntary withdrawal or prevention of the criminal result,
- representation of injured parties in proceedings concerning attempted offences,
- advice for companies where the alleged attempt is connected with fraud, forgery, theft, threats, corruption-related conduct or other business crime risks.
Need assistance in a case involving an attempt to commit a crime? Contact us.
See also
- Accomplice
- Incitement
- Indictment
- Acquittal