Delitto tentato e reato impossibile: i confini dell’azione punibile

Abstract

The essay starts with the historic development of the theme of the impossible attempt and moves to a consideration of the twofold question of (a) the degree of penalty for the attempt in relation to the committed crime and (b) whether the unsuccessful attempt can be punished. By intertwining what emerges at the historical level and what occurs in terms of current law, it notes that solutions cannot depend on purely philosophical or criminal-political options but rather demand full awareness of the implications and consequences of such solutions.