Attempt and Withdrawal

Abstract

PROBLEM: in criminal matters, attempt and desistance are legal concepts that can be applied to an act; however, their interpretation and application have been subject to various criteria, without considering the normative elements of each. OBJECTIVE: this case addresses the issue of attempt and withdrawal, in order to expand its legal and doctrinal conception, exemplifying specific cases, the similarities and differences between both, as well as the procedural form of resolving them. METHOD: the methodology used is based on the inductive and deductive descriptive method, since the planned phenomenon is analyzed as a hypothesis and generalizing the information of the topic at hand, as well as deriving from the general to the specific. RESULTS: there are different conceptions regarding attempt and desistance, the attempt has been applied more frequently but not the desistance, they are topics with doctrinal contributions that frame each figure. Both figures can be applied to a specific case if the subjective and objective assumptions are given. CONCLUSION: attempt and desistance are current criminal legal figures, which have similarities, starting from a general element such as intent, they also have different moments in the action of a person who performs an unlawful conduct, the punishability for each being different, the difference between one and the other is limited to the subjective and objective elements, in which the will of the subject and the injury to the protected legal asset intervene.