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The result must not have occurred due to causes unrelated to or independent of the offender's behavior. Otherwise, the figure of a completed crime is applicable . Penalty of attempted crime According to article 62 of the Penal Code, to establish the sentence the following must be evaluated: The danger inherent in the attempt. The degree of execution achieved. In turn, the Penal Code establishes that a penalty one or two degrees lower than the equivalent of the completed crime corresponds. The perpetrators of an attempted crime will be imposed a penalty one or two degrees lower than that indicated by the Law for the completed crime, to the extent deemed appropriate, taking into account the danger inherent in the attempt and the degree of execution achieved. Article 62 of the Penal Code Based on the doctrine, it can be stated that the greater the number of acts executed to achieve the consummation of the crime, the greater the inherent danger, and therefore the lesser the reduction in the penalty.
Types of attempted crime According to article 16 of the Penal Code, the attempt admits different classifications. From the point of view of carrying out acts , it is classified as: Attempt over. The author carries out all the acts that would give rise to the desired result. Unfinished attempt . The author carries out part of the criminal acts, without reaching the result either. From the point of view of the media used , the types are: Suitable DM Databases attempt. All the characteristics are present, but the result is not achieved due to an act beyond the control of the perpetrator. Unsuitable attempt. The result is not achieved because of the means used, which, precisely, is not suitable for achieving the result. This level of attempt is punishable due to the danger caused to the protected legal asset. There are several cases in which this requirement seems to be absent and yet can be considered punishable according to the doctrine. Impossible crime .
It occurs when, even when carrying out the acts and using the appropriate means, the crime cannot be consummated due to the nonexistence of the object. However, it is punishable if there is a criminal object, although different from that intended by the offender. Regarding the object , it is called a putative, imaginary or illusory crime. It occurs when the subject believes that he is committing an illegal act when the acts he carries out are lawful. The putative crime is not punishable, because although there is a desire to cause harm, there is no danger to the protected legal good. Difference between attempt and preparatory acts The attempt involves carrying out all the preparatory acts and beginning the execution phase of the crime, but without actually consummating it. Therefore, there must be the will to commit the crime and the absence of voluntary desistance, in which case it would be an attempted crime. The crime is in the execution phase when: External acts are revealing of the will to commit a crime. There is a space-time proximity between the events that would lead to the consummation of the crime.
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