Stages Of Crime Attempt Preparation Conspiracy In Bahrain

07 Jan 2026 --
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1. General Framework in Bahrain

Bahrain follows a civil law system influenced by Egyptian and French Penal Codes, and the Bahrain Penal Code (BPC) is the primary source of criminal law. Crimes in Bahrain are often analyzed in stages, especially in complex offenses:

Preparation (تهيئة) – The planning or assembling of tools to commit a crime. Usually not punishable unless the law explicitly criminalizes preparation (e.g., terrorism, smuggling weapons).

Attempt (محاولة) – Taking direct steps toward committing the crime that go beyond preparation but where the crime is not completed.

Conspiracy (الاتفاق على الجريمة) – An agreement between two or more persons to commit a crime, often punishable even if the crime is never carried out.

The relevant sections in the Bahrain Penal Code include:

Article 41–44: Attempted crimes.

Article 45–47: Conspiracy.

Article 48–50: Punishment for preparation for serious crimes.

2. Stage 1: Preparation (تهيئة)

Definition: Preparation refers to acts where the offender plans or arranges means to commit a crime but has not yet begun the criminal execution.

Key Points in Bahrain:

Preparation is not generally punishable for ordinary crimes.

It is punishable if explicitly mentioned in the law, e.g., preparing explosives, smuggling narcotics, or attempting terrorism.

Illustrative Case (Judicial Principle):

Case 1: Bahrain Court of Cassation (Illustrative based on public principles)

Facts: The defendant purchased a firearm and maps for a planned robbery but was arrested before taking any action.

Ruling: The court held that mere acquisition of tools and planning did not constitute an attempt, as no direct execution of the crime occurred. The court distinguished between preparation (not punishable) and attempt (punishable).

Lesson: Preparation alone is insufficient; the law protects personal freedom unless the act threatens public safety.

3. Stage 2: Attempt (محاولة)

Definition: An attempt occurs when a person takes direct action toward committing a crime but fails or is interrupted before completion.

Bahrain Penal Code Principle:

Article 41: “Whoever attempts a felony or misdemeanor but fails to complete it shall be punished with a penalty less than that prescribed for the full crime, unless the law stipulates otherwise.”

Key Elements of Attempt:

Intent (نية): Must demonstrate clear intent to commit the crime.

Direct Action (فعل مباشر): Acts that move beyond mere planning.

Failure to Complete (عدم التتمة): Crime is interrupted or fails for reasons beyond the offender’s control.

Illustrative Cases:

Case 2: Attempted Theft

Facts: Defendant tried to pickpocket a bag in a crowded market but was caught before leaving the scene.

Ruling: Court held that the act of opening the bag and reaching inside was a direct action, satisfying the attempt element. The defendant received a reduced sentence compared to completed theft.

Case 3: Attempted Murder

Facts: Defendant fired a gun at a victim but missed.

Ruling: Court confirmed that discharge of firearm with intent to kill constituted an attempt, even though the victim survived. The court emphasized intent + direct act.

Case 4: Attempted Fraud

Facts: Defendant tried to transfer funds from a victim’s account using forged documents but was stopped by bank authorities.

Ruling: Court ruled it was an attempt to commit fraud, punishable under the Penal Code, because the fraudulent acts were concrete and imminent.

Lesson: Attempt is more than preparation—it is action toward the crime.

4. Stage 3: Conspiracy (الاتفاق على الجريمة)

Definition: Conspiracy occurs when two or more persons agree to commit a crime, regardless of whether the crime is attempted or completed.

Bahrain Penal Code Principle:

Article 45–47: Conspiracy to commit felonies is punishable even if the crime does not occur.

Elements:

Agreement between at least two persons.

Intent to commit a criminal act.

Some overt act or planning in some cases (for serious crimes).

Illustrative Cases:

Case 5: Drug Trafficking Conspiracy

Facts: Three defendants agreed to smuggle narcotics into Bahrain. Authorities arrested them before the smuggling occurred.

Ruling: Court held that agreement + preparatory steps (buying vehicles, arranging routes) were sufficient for punishment under conspiracy laws.

Case 6: Bank Robbery Conspiracy

Facts: Group planned to rob a bank, prepared weapons, and conducted surveillance. Arrested before entering the bank.

Ruling: The court distinguished between preparation (buying tools individually) and conspiracy (coordinated plan), punishing them for conspiracy despite the robbery not being executed.

Case 7: Terrorism-related Conspiracy

Facts: A cell agreed to detonate explosives in a public place. Arrested before planting bombs.

Ruling: Court emphasized risk to public safety; even without execution, conspiracy to commit terrorism carries severe punishment.

Lesson: Conspiracy protects society by criminalizing coordination toward crime, even before any direct action.

5. Key Comparisons Between the Three Stages

Stage	Definition	Punishable?	Key Element	Example
Preparation	Planning or arranging	Usually no, unless law specifies	Mere intent + planning	Buying a weapon for future robbery
Attempt	Direct action toward crime	Yes	Intent + direct act + failure to complete	Firing a gun at someone but missing
Conspiracy	Agreement between 2+ people	Yes	Agreement + intent	Planning a bank robbery as a group