Stages of crime

•A) Intention
•B) Preparation
•C) Attempt to crime
• D) Complete Crime (Completion of the crime
• Intentional crime consists of four main stages. The first is the
intention (Mens Rea) to commit a crime stage: at this stage one
thinks of committing a crime or originates the intention (Mens Rea).
The second is the preparation phase: in which the necessary
infrastructures are prepared or the environment is created to make
happen what the mind thinks. The third is the attempt stage: in
which after the preparation of the crime, the preparer takes action to
commit the crime intentionally, but due to some obstacles, the crime
is not completed and only the attempt of the crime is completed.
Fourth and last: If there is no such obstruction, the criminal act is
completed.
INTENSION
• first stage of an intentional crime.
• mind develops the idea of ​doing something that is prohibited by
criminal law
• there is usually no provision for punishment for an intentional crime
committed by an individual because criminal law does not allow a
person to punish or declare crime if he or she just intends to commit
a certain crime.
• that criminal law cannot prove and penetrate into a person's mind
what is in a person's mind.
• but if intentional crime is committed by the connivance of two or
more persons then this phase is considered a separate offense.
•SEC 33 of the Criminal Code has made the following legal provisions regarding conspiracy. No person shall make
a criminal conspiracy. Where two or more persons agree to commit, or cause the commission of, an offence, and
any act is done by only one or two of them, they shall be considered to have committed a criminal conspiracy. A
person who commits, or causes the commission of, a criminal conspiracy to commit an offence of heinous or grave
nature shall, where no provision is made elsewhere in this Act for a separate punishment for such conspiracy, be
punished as follows:
•(a) Where the offence in pursuance of the criminal conspiracy is committed, punishment imposable if the offence
had been committed,
•(b) Where another offence instead of the offence in pursuance of the criminal conspiracy is committed and such
other offence is committed in the course of implementation of such conspiracy or as probable consequence thereof,
punishment specified for that offence,
•(c) Where any offence in addition to the offence in pursuance of the
criminal conspiracy is also committed and such offence is also committed
in the course of implementation of such conspiracy or as a probable
consequence thereof, additional punishment also for such offence,
•(d) Where the offence of criminal conspiracy is yet to be completed, one
half of the punishment specified for that offence.
PREPARATION
• the second phase of intentional crime.
• the act of preparing the necessary infrastructure to put into action
what the mind thinks
• begins to create a possible environment for the implementation of
that intention.
• formulating a plan, determining the method of accomplishing the
crime, and all actions taken in connection with committing the crime
before the criminal stage.
• collecting means to commit the crime,reads the habits of victims ,
the planning of the targeted crime, the determination of the way to
complete the crime, and the act for removal of suspicion
• it is practically difficult to prove that someone is preparing to
commit a crime just to commit that crime. The second reason
why this step is not punished because innocent people buy
goods for innocent purposes but there might be fear of being
punished
• The purpose of the law is not to punish innocent only to the
guilty, otherwise everyone should be afraid even when
buying a knife for home use. The third reason for this is to
give the perpetrator a chance to repent or back down from his
bad decision without being punished in preparation.
•The actions of the accused, which fall within the preparation phase, can be divided into
the following types:
•(A) Preparation for execution of crime: Accumulation of necessary equipment, weapons,
guns, bombs, etc., inspecting the crime scene, etc. are included in this preparation.
•(B) Preparation to avoid search: To prepare for solitude in case of crime, to create an
environment where no one is obstructed, etc. For example, "A" sends his servant out with
the intention of killing "B" who came to his house as a guest, and when he returns, he
sends him to sleep in another house.
•(C) Preparing to flee after committing a crime: On the day of committing a crime,
the accused seems to be preparing to flee after committing a crime by buying a
ticket to another city before committing the crime and depositing money in a bank
in another city to spend.
•(D) Preparing to cast doubt on oneself: Accused will cast doubt on another person.
For example: A person who detonates a bomb in Ratna Park is said to be preparing
to dispel suspicions from him so he can say to neighbors that he had heard that two
people were talking about how to blast the bomb.
ATTEMPT
• Unsuccessful commission of crime .
• Perpetrator is liable in every unsuccessful act against existing criminal
law.
• On the charge of attempt , his or her intension to commission the
crime must be proved.
• Reckless or negligence are irrelevant on the charge of attempt .
• is a post-preparation stage in a crime in which the perpetrator makes a last effort,
both physically and mentally, to complete the planned crime, but for special
reasons, the crime does not achieve the full result he or she intended.
•According to section 34 of the National Penal code 2074, it is stated that No person shall make attempt to
commit an offence. Even if it is impossible for an offence to be committed for which attempt is made, attempt
shall be considered to have been committed. Except as otherwise provided elsewhere in this Act, a person who
attempts, or causes attempt, to commit an offence shall be punished with one half of the punishment specified
for such offence.
•Like this on some special acts also there is the provision of attempts. For example: section 4 and 8 of Human
trafficking (Control) act 2064, section 17 of Narcotics Drugs control Act 2033.
Appropriate principle to separate from
preparation
• The last stage theory
Perpetrator is guilty of attempt if he or she is at the last stage of
commission of crime.
For ex – following the victim from back with taking knife in hand of
perpetrator and raises his / her hand and strikes at victim.
- Not appropriate to deal with every type of crime.
• The proximity theory
-not to be at last stage
3. Substantial theory
-if taken substantial step towards the commission of crime
-Circumstances
The things which he or she is going to accomplish
- Keeping a girl in secret custody , providing false information – may be
substantial step towards commission og girls trafficking .
• 4. theory of impossibility of accomplishment
- A stabs b who was already dead 1 hr ago before the stabbing?
- A shoots at sacks in the midnight thinking b who was his enemy.
- A imports some substances in the name of narcotic drugs in fact it
was not drugs in real .
- In these above examples the actual commission of crime is
impossible.
Liable / not liable ? Question of debate .
• 5. locus paenitentiae test
-one cannot change plead change of mind who is about to enter into a
house with intension to steal but absconds from scene of crime when
he sees that he was being watched by police officer
• 6. intervention of extraneous factor
• Third party intervention
• 7. replacing the things as before in theft case .
- R vs easom 1971.
8. Harm sustained by victim
9.Use of offensive weapons .
Commission of crime
• Completion of crime
• any crime committed by the accused with intention to
produce the desired result.
• the final stage of an intentional crime.
• the last attempt of the accused towards the crime must be
successful and success he must bear the full responsibility as
prescribed by law.
•In crimes with knowledge, recklessness and negligence complete
crimes at once because in those crime the accused has not crossed
the stage of intention, preparation and attempt of crime. The
completion of crime means the final stage of a crime committed in
intentional crime and the beginning and end stage of a crime
committed in other situations.