LEGAL ANALYSIS OF MERE PREPARATION AND ITS COMPARATIVE ANALYSIS TOWARDS OTHER INCHOATE CRIMES

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CEELS_2_2015_GEGELIA.pdf

CEELS_2_2015_GEGELIA.pdf

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LEGAL ANALYSIS OF MERE PREPARATION AND ITS COMPARATIVE ANALYSIS TOWARDS OTHER INCHOATE CRIMES
(COMMENTARY TOWARDS HERZOG'S CASE)

TAMAR GEGELIA
PhD student at the Caucasus University School of Law.
Invited lecturer of criminal law at Ilia State University

The article refers to one of the inchoate crime problems, particularly, to the distinction between criminal attempt and mere preparation and general punishment of mere preparation. In this article questions about which principal attitudes Anglo-American and some civil law countries maintain towards refusing criminalization of criminal preparation and whether this really means that they do not punish acts which are far from the accomplishment of criminal definition are also discussed. The paper briefly describes and presents the attempt to analyze different models of punishing mere preparation. Some specific mechanisms of punishing criminal preparation are also extensively discussed, such as: broad interpretation of criminal attempt, delictum sui generis, conspiracy and solicitation, which is partly opposed by the real nature of general mere preparation while its more liberal character is expressed in the basics of the above mentioned models' critics. All above mentioned legal issues are analyzed towards Herzog's case, which clearly introduces the paper's supportive approach towards criminalization of general preparation.