Tentativa y resolución-al-hecho

una reconstrucción desde la filosofía de la acción

Abstract

Attempt and Deed-resolution: a Reconstruction from the Philosophy of Action

The paper offers a reconstruction of what criminal law scholarship calls an “incomplete attempt”, the structure of which is analyzed upon premises obtained from the philosophy of action. The argument focuses on demonstrating why and how the so-called “deed-resolution”, taken as a requirement of such form of attempt, is to be characterized as a prior intention, through the formation of which the agent acquires the practical commitment of performing or omitting an action of a certain kind. The aim so pursued is to identify the conditions upon which an incomplete attempt may be constitutive of a violation of the same norm violated by the perpetrator of the corresponding consummated offense.