Impossible attempt in criminal law

An impossible attempt refers to the impossibility of the perpetrator's action, whereby it is not possible for the consequence of the crime to occur. There are two main problems regarding the impossible attempt. Firstly, it is important to determine that the act is impossible, and secondly, it is important whether to punish upon this determination. The criminal policy followed in punishing the impossible attempt comes to the fore. As a matter of fact, while legislators acting on an objective basis do not punish the impossible attempt, legislators who also take into account the subjective view punish the impossible attempt. In Turkish law, an impossible attempt is not punished. In German law, on the other hand, an impossible attempt is punished, and at this point, the will of the perpetrator to commit a crime is taken into account. Within the framework of fuzzy logic, the evaluation of a possible and impossible act reveals a graded structure, while term logic creates a binary system by calling an act either possible or impossible. With fuzzy logic, it is possible to punish an impossible attempt, while with term logic, it is not possible to punish an impossible attempt. In this respect, the objective point of view refers to term logic, while the subjective point of view refers to fuzzy logic. In this study, it is tried to address the issue of impossible attempt comparatively within the scope of Turkish Law and German Law. In addition, the issue is analyzed from the perspective of fuzzy logic. In the conclusion part of the study, it is tried to be expressed separately in the form of an algorithm method how the impossible attempt is punished both in Turkish Law and German Law.