المجلة الجزائرية للحقوق والعلوم السياسية
Volume 11, Numéro 1, Pages 1166-1178
2026-06-01
The Material Element Of Attempt In Crime
Authors : Khroufa Ghania .
Abstract
Attempt in crime is considered one of the most complex and important topics in criminal law, as it transitions the offender from a stage that is not punishable to one that is punishable. Moreover, the material element of this crime, with its two components, is fraught with difficulties that are rarely encountered in other crimes—whether related to the element of commencement of execution or the cessation of execution. In general, attempt represents a special model of a crime whose intended result has not occurred, even though the offender was striving to achieve it, provided that the failure to achieve that result was due to a cause beyond his will. In this model, the offender has taken a tangible step toward completing the crime, but that did not occur due to a reason outside his control.
Keywords
Attempt ; Commencement of Execution ; Cessation of Execution ; Material Element ; Crime
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