დანაშაულის მცდელობის დასჯადობის თავისებურებები ქართულ და გერმანულ კანონმდებლობაში

In law science it is important to build the thesis on comparative-legal analysis and to research the actual character of the issue, the problematic sides. In the thesis we will be introduced to uncompleted crime of criminal law of Georgia, in particular concerning the attempt of the crime, its approaches and comparative-legal analysis with German legislation. Our aim is to evaluate, share, compare or neglect German criminal law issues.
The research showed problematic and actual issues of the attempt of the crime, as in German as well as in Georgian criminal law. To better unveil problems and actual characters in the research there is used, as legal discussions developed by Georgia scientists and theories, also opinions of German scientists and their works, also court practice and analysis.
In the thesis there is discussed institute of attempt of the crime, there is problematic issue eventual intention, comparative-legal analysis was made based on German and Georgian models of objective and subjective theories.
In the thesis as basics of uncompleted crime is considered objective theory, which is considered as guarantee of the protection of human rights.
The author considers that attempt of the crime in Georgian law was emerged based on objective theory. In the thesis there is recommendation, which stands the new definition of sense of the attempt of the crime, which supports developing of unified practice.
In the research there is discussed subjective and objective composition of the uncompleted crime, the most actual and problematic issue is subjective composition, in particular possibility of eventual purposeful attempt, in Georgian criminal law and court practice there was dominated opinion which means crime attempt with direct intention. In the research there is shared opinions of those scientists who don’t agree punishable character of attempt of the indirect intentional crime, however there is part of the scientists, who justify possibility of intentional attempt with eventual intention. While legal research there was not seen necessity of punishment of crime attempt with eventual intention¸ because in Georgian criminal law there exists misdeed that create danger, that’s why there is no necessity of punishment of crime attempt with eventual intention, there is no court practice that indicates on the necessity of.