Crime Preparation Penality in Georgian Criminal Law in light of the German Doctrine of Attempted Crime1

Abstract

Under the influence of objective theory, Georgian criminal law interprets both crime preparation and attempted crime in restrictive terms and prescribes punishment only for the preparatory actions that are akin to the objectively interpreted attempt. Penal laws of the German speaking countries (Germany and Austria), that do not identify criminal liability for crime preparation, provide extensive interpretation for attempted crime. The general range of punishable actions in one part of delicts displays eventual similarity. Finally, the following conclusion can be derived based on the correlation of the above legal systems: The denial of essential penality in the legislation and intro-duction of the penality for specific corpora delicti of crime preparation might lead to an extensive interpretation.