Criminal Attempt Defense (Article 19)
Attempted crime (Article 19 of the Criminal Code) is an intentional act directly aimed at committing a crime but not completed due to reasons beyond the person''s control. Georgian legislation punishes attempts almost as severely as completed crimes, though important nuances exist. The prosecution must prove that the person had "direct intent" and commenced the execution of the act. If the act stopped at the preparatory stage or the person voluntarily renounced the crime (Article 21), they may be exempt from liability. Defense in these cases focuses on distinguishing the stages of the crime and proving that the act did not escalate into an attempt or that voluntary renunciation occurred.
What Does This Service Cover?
Criminal defense lawyers listed on Legal.ge offer specialized defense:
- Reclassification of Acts: Reclassifying an attempt to "preparation" (which is not punishable for less grave crimes) or a non-criminal act.
- Proving Voluntary Renunciation: Demonstrating that the person stopped the criminal act of their own free will, not due to external factors (e.g., police arrival). This exempts them from liability.
- Absence of Intent: Arguing that the person did not intend the final result (e.g., intending bodily injury rather than attempted murder).
- Factual Impossibility: Defending on the grounds that committing the crime was impossible due to objective circumstances.
Common Scenarios and Real-World Situations
Attempt charges often arise in these situations:
The first scenario is "Failed Theft." A person entered an apartment but fled due to an alarm without taking anything. This is attempted theft. The defense investigates at what stage the act stopped.
The second scenario is "Weapon Jam." A gun failed to fire during a shooting. This is assessed as attempted murder. The defense tries to prove the intent was only to scare, not kill.
The third case is "Change of Mind." A person brought poison but decided against it at the last moment and disposed of it. This is voluntary renunciation and should not be punished.
Georgian Legal Framework
Regulations:
- Criminal Code of Georgia: Article 19 (Attempted Crime).
- Article 21: Voluntary renunciation of crime (Grounds for exemption).
Service Process Step-by-Step
- Fact Reconstruction: At exactly what stage did the act stop?
- Intent Analysis: What was the person''s subjective goal?
- Negotiation: Discussing reclassification with the prosecutor.
- Court: Fighting for acquittal or a lighter sentence.
Why Use Legal.ge?
Attempt cases are legally complex because the result did not occur. The lawyer''s ability to interpret the law correctly is decisive. Find a professional on Legal.ge.
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