Reform des fehlgeschlagenen Versuchs

While the failed attempt is one of the most controversial legal figures of the General Part, the usefulness of its ­historical model – the délit manqué – is almost undisputed in French criminal law. By approximating its substantive form and paying ­particular attention to the ratio legis of section 24 of the Criminal Code, the concept of the offence and the concept of failure are modified and the relevance of the offender’s plan is questioned, despite the fundamental recognition of the theory of the withdrawal horizon. This puts a stop to the independent scope of application of the offence of failure and sets limits to the content of the legal guideline.