The Nature of Preparatory Actions and Their Role in Committing Criminal Offenses in the Republic of Albania

Abstract

Generally, criminal offense is not consummated by being implemented as if by magic. It is undoubtedly the result of a long process of reflection, efforts, and escalated feedback. The awareness of criminal offense or the entire process in which the full realization of the it passes, is carried out in several stages. Some authors think that preliminary criminal activity is characterized by three stages while there are also other authors who accept only two stages of carrying out the preliminary criminal activity, which are; preparation and attempt to commit the criminal offense. The stages in which the criminal offense is actually carried out are, the birth of the criminal thought; the emergence of the thought; the decision to commit the criminal offense; the preparatory actions which are taken in order to successfully commit the criminal offense; the beginning of the execution of the criminal offense which can attempt to commit it "delictum consummatum", remains. Between the birth of the thought to commit a criminal offense and the completed of it, there is a series of intermediate acts. One of these phases is characterized by what are known in criminal law doctrine as preparatory actions. The meaning and nature of these acts are of theoretical and practical importance. Firstly to correctly distinguish the legal moments that follow the preparatory acts, secondly to avoid possible mistakes in the legal definition of the criminal offense and thirdly for the accurate requirement of the criminal sanction. 

Received: 4 April 2024 / Accepted: 30 June 2024 / Published: 02 July 2024