Abstract
The attempted crime, like the consummated crime, possesses the characteristic elements for a socially dangerous act. Even if through the criminal activity which, due to certain circumstances, did not achieve the purpose desired and foreseen by the perpetrator, the crime will not be considered consummated, this fact does not release the perpetrator from criminal liability. The criminal investigation body in the investigation process of the attempted crime should establish all the circumstances related to the investigated fact, in order to provide a correct qualification and apply the appropriate punishment for the unconsummated crime. The correct application of the provisions of the national criminal law, its analysis by comparison with the criminal laws of other states, is a particularly important factor in order to correctly define and assess the stage of the commission of the unconsummated crime, identifying the objective side and the subjective side.
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