The term "attempt" refers to the criminal act of "Trafficking of narcotics" as defined by the Albanian Penal Code.
DOI:
https://doi.org/10.5281/zenodo.18519014Keywords:
Attempt, formal criminal offense, trafficking, transitAbstract
One of the most contentious issues in judicial practice, if not the most contentious, related to the criminal offense of "trafficking in narcotics," as defined by Article 283/a of the Criminal Code, is whether this activity is still considered a crime. To ascertain if this conduct still qualifies as an attempt, we must provide a concise explanation of the legal definition of attempt under criminal law. As per the Criminal Code, a criminal offense is deemed pending when the individual involved has made direct efforts to commit the offense but it has been halted due to external factors beyond their control. In the field of criminal law, there have been discussions and disputes about whether the concept of attempt only applies to tangible criminal acts, or if it also includes intangible criminal offenses. The primary issue in this case pertains to whether a formal criminal offense remains unresolved or not. Is this a criminal offense where the illegal action can be halted for reasons beyond the person's control, thus preventing the commission of the offense? Does the offense have an inherent nature that prevents interruption, ensuring the completion of the act?
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