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Different Stages of a Crime - Preparation for CLAT - Practice Questions & MCQ

Edited By admin | Updated on Oct 03, 2023 03:26 PM | #CLAT

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  • 5 Questions around this concept.

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Which of the following is incorrect for the stage of preparation?

Paul buys a knife for the purpose of killing John but after some time, his intention to kill John has changed and he used that knife in the kitchen. Paul will be liable for?

Concepts Covered - 1

Different Stages of a Crime - Preparation

Understanding Preparation:

  • Preparation, the second stage of the criminal process, is the pivotal link between conceptualization and execution.
  • It involves converting abstract thoughts into actionable plans, similar to laying the foundation for a structure.
  • Just as tools and plans are readied before constructing a building, preparation involves assembling resources for a future criminal act.

Defining Preparation:

  • Preparation encompasses a range of activities aimed at facilitating the commission of a crime.
  • Comparable to arranging puzzle pieces before solving, it signifies the arrangement of necessary elements before the criminal act takes place.
  • This stage serves as a critical transition from contemplation to active involvement in the criminal enterprise.

Taking Concrete Steps:

  • Distinguished from mere intention, preparation involves tangible actions that tangibly progress the criminal plan.
  • Gathering tools, materials, and information (such as scouting a crime location) exemplify this stage's substance.
  • These actual steps align with the preparatory intent and are integral to the execution's success.

The Role of Actus Reus:

  • Actus reus, the "guilty act," encompasses the physical behaviors that constitute a crime.
  • In the preparation stage, individuals are already performing actions that contribute to the eventual criminal act.
  • Jack's research, security assessment, and acquisition of tools for a bank robbery exemplify actus reus during preparation.

Closely Monitored by the Law:

  • The law's gaze extends to preparation, recognizing its potential harm despite the crime's incomplete execution.
  • Analogous to intervening when harm is anticipated, legal consequences may deter further progress toward criminality.
  • This anticipatory aspect showcases the legal system's proactive stance in preventing potential wrongs.

Degrees of Preparation:

  • Gradations exist within the preparation phase, mirroring varying levels of progress toward the criminal act.
  • Legal treatment can diverge based on the depth and extent of preparations made.
  • This differentiation acknowledges the evolving seriousness as one moves from the conception to the near-execution of a crime.

Preparation's Significance:

  • Preparation serves as the vital intermediary that materializes intent into a tangible criminal endeavor.
  • It underscores the stepwise progression of criminal conduct, offering insight into the gradual escalation of illegal behavior.
  • Delving into preparation illuminates the intricacies of the criminal process, unraveling the nuanced details that culminate in the execution of a crime.

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