Hello there.

Attempt Crimes always merge into an underlying offense as soon as the offense is actually committed. Similarly, solicitation charges will merge into conspiracy charges as soon as the other party agrees to the particular course of action. However, conspiracy charges do not merge into any underlying offense as it is considered a separate crime in and of itself.

As far as your inquiry with attempted murder, this is really quite simple. One can be charged with attempted murder if they inflicted the serious injury with the requisite intent (to cause death). However, if the victim actually dies, then the attempted murder charge will then be merged into an actual murder charge. So to answer the call of your question, the determinative factor is not usually the severity of the injury, per se, as much as it is the intent of the perpetrator.

hi

The extent of criminal intent should be considered, since if the act that leads to bodily harm or injury to the victim, then how is it an intentional act whose purpose is to kill

In the Algerian Penal Code, an attempt to commit a felony is considered a felony, and here killing takes the description of a felony, so the act is also treated as a felony

The attempted murder consumes the body injury. This is a case of the so-called putative ideal concurrence.

Hi dear Abdelkrime ,

Happy to meet you via this space dear colleague.

In colombia:

Article 27. Attempt

"Whoever initiates the execution of a punishable conduct by means of suitable acts and unequivocally directed to its consummation, and this is not produced by circumstances beyond their control, shall incur a penalty of not less than half of the minimum nor greater than three-fourths of the maximum than that indicated for the consummate punishable conduct. When the punishable conduct is not consummated by circumstances beyond the control of the author or participant, he shall incur a penalty of not less than one third of the minimum nor greater than two thirds of the maximum of that indicated for its consummation, if he has voluntarily carried out all the necessary efforts to prevent it".

If any bodily injury occurs due to the commission of the punishable conduct, the victim can initiate the process of integral reparation or imdenization, once there is a second instance sentence, and that the victim must advance before the criminal courts, which should prove, so that the victimizer can be sentenced to compensate the damages, both psychological or moral and material damages caused by the conduct.

In these cases the intent of the perpetrator is important. If the perpetrator intended to commit murder, the actions will be qualify as attempt to commit murder. In criminal law doctrine this is called a “qualified criminal attempt”.

Dear Dragana, you are absolutely right but the problem refers to the situation when the intent (most often, direct) has already established undoubtedly. By the way, I worked in Banja for 4 years but I do not recall learning whether attempt in RS is possible only with direct intent or you accept the existence of attempt with indirect/eventual intent as well.

Well, in my opinion (if I understand correctly we are from the same country), an application of the merger doctrine on the attempted murder that caused grave bodily injury, would lead to paradoxical results. If an attempt is successful and led to death, than the forensic expert would conclude that actions of the perpetrator caused grave bodily injury that subsequently led to death. That way every murder gotta be additionally qualified as grave bodily harm.

Dear Kirill, this is another situation and also in it, consumption occurs turning the concurrence into a putative one.

In Poland, we have 3 degrees of health impairment: light, medium and heavy.

According to the will of the legislator, all infringed provisions must appear in the legal qualification. However, the jurisprudence practice shows that in the case of homicide, the legal provisions on health detriment are ignored.

There is not any distinction between criminal attempt and the crime itself in the algerian national criminal law but it is incomplet in its excution .