CRIME IMPOSSÍVEL: 17 CÓDIGO PENAL

Abstract

The present work of completion of the course intends to analyze, under the perspective of the legislation of the doctrine and the jurisprudence, the figure of the impossible crime, preserving its integrity in the form of containing the punitive power of the state with regard to the convictions. If the surveillance system (electronic or physical) did not exist, would the crime be capable of being consummated, and would the legal good in fact be in danger? Analyze the extent to which surveillance devices in commercial establishments neutralize the dangers to the legal heritage, to the point of avoiding the consummation of the crime in the figure of the impossible crime (Article 17 of the Penal Code).

The attempt unscathed affects the criminality typical. In this way, it was clear the conduct of the agent when there is a will to practice criminal conduct, but the likelihood of success is greatly reduced in the criminal endeavor. The application of the untrue attempt depends on the deceit of the agent, after the beginning of the executing acts, the consummation of the crime does not occur, due to circumstances beyond his control. The investigation of the degree of security with which an event can be expected to take place, determined by the frequency of attempts to carry out the crime, emphasizing the agent's conduct, based on knowledge.