(Латинска сентенция)
Attempted theft – when the offence is completed and the punishment
An attempted theft exists when a person begins the intentional execution of theft but the offence is not completed for reasons beyond that person’s control. Preparation alone is generally different: the boundary depends on whether execution of the taking has already begun.
When is theft completed?
Theft is completed when the offender interrupts the previous possessor’s factual control and establishes control over the movable property with intent to appropriate it. Leaving the premises is not always required. The factual setting, security measures and ability to dispose of the item matter.
Examples of an attempt
An attempt may exist when a lock is broken and the taking begins but police intervene, when goods are moved and concealed but control is not obtained, or when the intended place contains no property. Each example requires proof of direct intent.
Voluntary abandonment
Where the offender voluntarily prevents completion or abandons the act, the special rules on voluntary abandonment may apply. Stopping because security appears, escape becomes impossible or the person is detained is usually not voluntary. The reason for stopping must be established from all evidence.
Punishment
An attempt is punishable under the provision for the completed offence, but the degree of completion and reasons for failure are considered when imposing sentence. In appropriate cases the court may apply a lighter punishment under the general rules.
Defence issues
- did execution begin or was conduct merely preparatory;
- was there direct intent to appropriate;
- was factual control obtained;
- why did the conduct stop;
- do complete recordings and witness evidence support the chronology;
- is the underlying theft correctly classified and valued.
Related articles
This material is general information and is not legal advice for a specific case.
If you need advice on a criminal-law matter, contact attorney Mihail Tomov of the Varna Bar Association.