Attempted Crime versus Completed Crime - What's the Difference?

In Criminal Law, there are two essential typifications: the attempted crime and the completed crime. In a completed crime, all the elements necessary for its configuration are present and the expected result is achieved. In an attempted crime, the agent begins to execute the crime, but is unable to complete it due to circumstances beyond his control.

It is crucial in the legal system to understand the difference between these two forms of crime, as this directly influences the penalties applied. Both have legal relevance and are provided for in the Brazilian Penal Code: the attempted crime in Article 14 and the completed crime in Article 18.

In this sense, we emphasize that, in any decision, it is essential to observe what is expressly provided for by law, in accordance with the principle of legality, which highlights: "there is no crime without a law that previously defines it".

Understanding these differences is crucial to ensuring fair and accurate application of the law, promoting justice and protecting individual rights. Therefore, when analyzing cases involving criminal activities, it is essential to carefully consider the elements that distinguish the attempted crime from the completed crime, as established in the current legal system.