Understanding Iter Criminis: Stages of a Crime in Criminal Law
Iter Criminis: The Stages of a Crime
TEMA No 4 (4º “B”) – Imperfect Crime
This section explores the concept of Iter Criminis, also known as the ‘way of crime’. It outlines the different stages a crime passes through, from the initial thought to its completion (or lack thereof).
Iter Criminis or Way of Crime
This refers to the various phases a crime goes through, from the moment the perpetrator conceives the idea to its final outcome.
Stages:
1. Deliberative Acts:
These are the initial thoughts and intentions of committing a crime. While these thoughts remain internal and are not acted upon, they are not punishable under criminal law. As the saying goes, “Nobody can be judged by their thoughts.”
Criminal law focuses on externalized behaviors, meaning that intentions alone do not constitute a crime or lead to criminal liability.
2. Preparatory Acts:
These acts are generally not punishable unless they constitute a separate offense in themselves. They are characterized by being multivocal or misleading, meaning they can have multiple interpretations.
Examples:
- Buying poison: This could be intended for killing a person or for exterminating pests.
- Purchasing a ladder: This could be for a burglary or for painting a house.
While generally not punishable, if these preparatory acts constitute a separate crime (e.g., trespassing), the individual can be held liable for that specific offense.
3. Acts of Commencement of Execution:
These acts are punishable. Unlike preparatory acts, they are unequivocal and unambiguous, clearly indicating the intention to commit a crime.
Examples:
- Preparing to administer poison to a victim.
- Placing a ladder and beginning to climb into a neighbor’s house.
Attempted Crime (Article 80 of the Penal Code)
An attempted crime occurs when an individual, with the intent to commit a crime, begins to execute it using appropriate means but fails to achieve the desired result due to reasons beyond their control.
Elements of Attempted Crime:
- Intent: The individual must have the intention to commit a crime.
- Commencement of Execution: The individual must begin carrying out the crime using appropriate means.
- Failure to Consummate: The crime is not completed due to factors outside the individual’s control.
Example:
“A” intends to kill “B” with a loaded gun. “A” aims and attempts to shoot “B”, but “C” intervenes, preventing the shot. This constitutes attempted murder.
Abandoned Attempt, Qualified Attempt, and Prevented Attempt
The prevented attempt is the typical attempt, as described above. The abandoned attempt and the qualified attempt are variations on this.
Abandoned Attempt (Withdrawal) (Article 81 of the Penal Code)
This occurs when the individual voluntarily and spontaneously abandons the attempt before completing the crime, and the preparatory acts performed do not constitute separate offenses.
Qualified Attempt (Article 81 of the Penal Code)
This occurs when the individual voluntarily abandons the attempt, but the preparatory acts already performed constitute separate offenses. The individual is then held liable for those offenses.
Frustrated Crime (Article 80 of the Penal Code)
A frustrated crime occurs when an individual, with the intent to commit a crime, performs all the necessary acts for its completion, but the crime is not consummated due to reasons beyond their control.
Elements of Frustrated Crime:
- Intent: The individual must have the intention to commit a crime.
- Use of Appropriate Means: The individual must use appropriate means to carry out the crime.
- Completion of Necessary Acts: The individual performs all the necessary acts for the crime’s completion, but it fails due to external factors.
Example:
“A” intends to kill “B” and shoots at “B” with a loaded gun. The bullet misses or only injures “B”. This constitutes frustrated murder.
Differences Between Attempted and Frustrated Crime:
- Completion of Necessary Acts: In an attempted crime, the individual does not complete all the necessary acts. In a frustrated crime, the individual completes all the necessary acts, but the result does not occur.
- Penalty Reduction: The penalty reduction for attempted crime is greater than that for frustrated crime.
Impossible Crime
An impossible crime occurs when an individual intends to commit a crime but fails due to either:
- Using inappropriate means to achieve the desired result.
- The absence of the physical object of the crime.
Examples:
- Attempting to poison someone with sugar instead of poison.
- Attempting to kill someone who is already dead.
- Attempting to cause an abortion on a woman who is not pregnant.
Theories on Punishment:
- Objective Theory: Impossible crimes should not be punished as there is no actual harm or danger.
- Subjective Theory: Impossible crimes should be punished, albeit with a lesser sentence, due to the perpetrator’s intent and potential danger.
In Venezuela, the objective theory is generally accepted.