LA TENTATIVA DE DELITO COMO HECHO PUNIBLE. UNA APROXIMACIÓN ANALÍTICA

Abstract

The paper lays down a conception of criminal attempts, grounded upon an analytically oriented theory of norms, which identifi es the wrongfulness-defi cit of the behavior imputable to the agent as its differentiating mark. Such "offense-imperfection" is explained in the sense of a lack of full performative congruence between the objective confi guration of the agent's behavior and its declarative value. This is than related to the debate regarding the problem of "moral luck." The argument soy displayed makes recognizable the centrality of the concept of dolus for the clarifi cation of the concept of attempt, as well as the suffi ciency of dolus eventualis for the ascription of an attempt.