{"id":2263,"date":"2025-11-18T21:24:51","date_gmt":"2025-11-18T20:24:51","guid":{"rendered":"https:\/\/www.loispamelalesot.com\/?p=2263"},"modified":"2026-07-01T18:14:25","modified_gmt":"2026-07-01T16:14:25","slug":"la-tentative","status":"publish","type":"post","link":"https:\/\/www.loispamelalesot.com\/en\/2025\/11\/18\/la-tentative\/","title":{"rendered":"Attempt"},"content":{"rendered":"
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Attempted Offences<\/h1>\n<\/div><\/div>\n\n\n\n



\u00ab\u00a0An attempt is constituted where, having been manifested by the commencement of execution, it was interrupted or failed to achieve its intended result solely because of circumstances beyond the control of its author.<\/em>.\u00a0\u00bb<\/p>\n\n\n\n

Attempted offences are governed and punished under Articles 121-4<\/a> and 121-5 of the French Criminal Code<\/a>.<\/p>\n\n\n\n

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  1. The Physical Element of an Attempt: Commencement of Execution<\/strong><\/li>\n<\/ol>\n\n\n\n

    According to the Criminal Chamber of the French Court of Cassation, the commencement of execution refers to acts carried out with the intention of committing an offence that \"must have the direct and immediate consequence of completing the crime, the latter having entered its execution stage.\"<\/p>\n\n\n\n

    An attempted offence therefore requires both:\nAn intention to commit the offence; and\nAn act sufficiently clear and unequivocal to demonstrate that intention.<\/p>\n\n\n\n

    The commencement of execution is the final stage in the progression towards committing an offence:<\/p>\n\n\n\n

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    1. Criminal intent<\/li>\n\n\n\n
    2. The decision to act<\/li>\n\n\n\n
    3. Planning the offence<\/li>\n\n\n\n
    4. Preparatory acts<\/li>\n\n\n\n
    5. Commencement of execution<\/li>\n<\/ol>\n\n\n\n

      Preparatory acts are, in principle, not punishable. An attempt is established only once the offender has moved beyond preparation and begun executing the offence.<\/p>\n\n\n\n

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      1. The Mental Element of an Attempt<\/strong><\/li>\n<\/ol>\n\n\n\n

        Absence of Voluntary Withdrawal<\/span><\/p>\n\n\n\n

        For an attempt to be punishable, there must be no voluntary withdrawal.\nThis means that the execution of the offence was interrupted against the offender's will because of external circumstances, such as the intervention of law enforcement.<\/p>\n\n\n\n

        Conversely, where the offender voluntarily abandons the offence before it is completed, the conduct does not constitute a punishable attempt.<\/p>\n\n\n\n

        For the withdrawal to be regarded as voluntary, it must occur before the offence has been completed.<\/p>\n\n\n\n

        Note: Voluntary withdrawal is distinct from active repentance, which consists of repairing the harm caused after the offence has already been committed.<\/p>\n\n\n\n

        The Failed Offence<\/span><\/p>\n\n\n\n

        An attempted offence should not be confused with a failed offence, where the offender completes the criminal act but fails to achieve the intended result because of external circumstances.<\/p>\n\n\n\n

        For example, this may occur where a person fires a gun at another individual but misses.<\/p>\n\n\n\n

        A failed offence is treated and punished in the same way as an attempted offence.<\/p>\n\n\n\n

        The Impossible Offence<\/span><\/p>\n\n\n\n

        An impossible offence arises where completion of the offence is impossible because of circumstances unknown to the offender.<\/p>\n\n\n\n

        For example, a person breaks the window of a car intending to steal property inside, only to discover that the vehicle is empty.<\/p>\n\n\n\n

        In this situation:\nThe commencement of execution is established by breaking the window.\nThere is no voluntary withdrawal, since the offender only abandoned the theft because there was nothing to steal.<\/p>\n\n\n\n

        Such an offence is treated and punished in the same manner as an attempted offence.<\/p>\n\n\n\n


        Penalties<\/strong><\/p>\n\n\n\n

        Where both of the following elements are established:\nCommencement of execution; and\nAbsence of voluntary withdrawal,\nthe offender may be prosecuted for an attempted offence.<\/p>\n\n\n\n

        Under Article 121-4 of the French Criminal Code<\/a>, a person is considered to be the perpetrator of an offence if they:<\/p>\n\n\n\n