Criminal Liability for Criminal Attempt

This study aims to examine the crime of attempt in Yemeni criminal legislation through an analytical and comparative approach, with reference to selected Arab legislations and Islamic jurisprudence. The importance of the study stems from the doctrinal and practical debate surrounding the legal nature of criminal attempt and the criteria distinguishing it from preparatory acts and completed crimes, particularly given the large number of cases brought before courts in which the criminal result has not been achieved. The research problem lies in the absence of precise legislative regulation of the concept of attempt under Yemeni law, in contrast to some Arab legislations that provide clearer definitions and more

specific standards for determining the commencement of execution. Moreover, doctrinal regarding the distinction between preparatory acts and criminal attempt have contributed to difficulties in judicial application. The study adopts a descriptive-analytical method to examine relevant Yemeni legal texts, alongside a comparative method analyzing the Syrian, Iraqi, Kuwaiti, and Algerian legislations, in addition to a jurisprudential approach addressing the position of Islamic jurisprudence. The study concludes that criminal attempt is established by the commencement of executing an act intended to bring about the criminal result, which fails to occur due to an external cause beyond the offender’s will, and that criminal intent in attempt is identical to that required for a completed crime. The study recommends clarifying the concept

of attempt legislatively, developing evidentiary mechanisms, and strengthening the legal response to emerging forms of attempt, particularly.