Question juridique clé
Whether the conviction for attempted coercion under Art. 181 and Art. 22 CP was lawful
Solution extraite
The conduct had already entered the execution phase; going to the victim's home with accomplices and a bat was the decisive step toward coercion, and the failure was due only to the victim's absence.
Motifs extraits
Attempt begins once the offender performs the last decisive act toward the offence from his perspective. Implicit threats of future violence can constitute coercion if suited to impair the victim's freedom of action. The absence of the victim was an external circumstance preventing completion.