Abstract:

The question of whether the attempt to qualify the crime is possible has long been discussed by criminal lawyers. This debate is important in terms of the principle of legality and the possibility of determining a punishment proportionate to the weight of the fact. In this study, the issue is derived from the distinction between the circumstances in which the criminal path comes and the circumstances in which the status of the crime occurs and the cause that affects the crime is included in the criminal plan, but the circumstances that are not yet revealed. This discourse is based on the dispute whether the provisions relating to the attempt are applied together with the provisions relating to the qualifying crime. The general tendency in the doctrine is that, even if the simple form of the crime is not completed in the presence of the causes affecting the occurring crime, they can be applied, but the reasons that have not yet been revealed, including the purpose, cannot be applied together with the proceeds. However, when the legal nature of the causes affecting the crime is taken into account by the function of the provisions that regulate the attempt institution, it is possible that the qualifying cases that are included in the criminal plan and started to execute of the offence, even if they are not accurate, be applied together with the attempt provisions.

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