attempted murder
Attempt at manslaughter under § 237 and § 21, where intent to kill must be proven
Attempted murder is, under Danish law, the term for an attempt at manslaughter where the perpetrator intends to kill another person but death does not occur. The legal basis is the Danish Penal Code (straffeloven) § 237 on manslaughter, read together with § 21, which governs criminal attempt generally. Under § 21, acts aimed at promoting or bringing about the commission of an offence are punishable as attempt when the offence is not completed.
Attempt liability requires that the perpetrator has shown the necessary intent — in the case of attempted murder, a specific intent to kill — and that an act has been carried out which constitutes a sufficiently close step towards completion of the offence. The completed offence, manslaughter, is punishable under § 237 by imprisonment from 5 years up to life. For attempted murder, the penalty may be reduced relative to the completed offence, as the courts in sentencing take into account, among other things, how close the perpetrator came to completion, as well as the circumstances in general.
A central element in assessing attempted murder is the delimitation of intent: it must be proven that the perpetrator intended to kill — not merely to inflict injury on the victim. This distinction is decisive for whether the matter is to be judged as attempted murder or as an assault offence under §§ 244-246.
