University:
California State University, Northridge
Course:
CJS 320 | Introduction to Criminal Law and Legal Analysis
Academic year:

2024
Views:

293

Pages:

2
Author:

Peggy D.

Course : Criminal Law Lecture : Erwin Credit Hours : 3 Credits Semester Sessions : 3 Semester, 2021/2022 Session Prepared By : Pegyy Dania LECTURE NOTES ELEMENTS OF THE EXPERIMENT Article 53 of the Criminal Code: Attempted to commit a criminal offense, if the intention for that has been evident from the beginning implementation, and the incomplete implementation is not solely due to his will Alone. Being convicted of probation means that it is necessary asan can be convicted of offenses; new deed for partially implemented, as if there were still elements elements that are "remaining", but can already be dropped criminal though with a deduction of 1/3 of maximum criminal, only attempted conduct crimes that can be punished (Article 53 of the Criminal Code), so that Article 54 firmly stipulates attempted violations are not punished. Experimental elements based on Article 53 paragraph (1) of the Criminal Code is: 1. There is an intention to commit the crime; 2. There is an act of initiation 3. Implementation is not completed not because own will. 1. The intention was there to commit the crime; According to Prof. Mulyatno, the intention is in delict trial can have two meanings, namely: a. In case the experiment is completed (experiment complete) intention is the same as intention. b. In the case of delayed trials (last trials discontinuous or incomplete) intention is simply an subjective element of unlawful nature. 2. There is already an act of initiation to perform that crime; a. Which is objectively closer to a certain crimes. b. Subjectively there is no doubt anymore about which crime was intended or aim. 3. There is a barrier caused by factors factors or special circumstances on the object which is the target. For example, endurance of people who was shot hard enough not to die or those who get shot where they don't put it in danger, the item to be stolen is too heavy even though the thief had tried to lift his might. Implementation is not complete, not only eyes of his own accord. Not finished the execution of the intended crime is not because own will, can happen in things as follows: 1. There is a physical barrier There is a physical barrier if there is one damage to the tool used or things anything else that could deter the offender. For example, the death of the person who was shot because people jerked his hand, so a stray shot or the gun is disengaged. 2. Not completing the action due to there will be a physical barrier For example, the fear of being arrested immediately because of the his moves to steal have been noticed by others. 3. There is a barrier caused by factors or special circumstances on target object