The attempt is the absence of the essence of the act. In the case of full wrongfulness (illegality) on the subjective side, the objective side shows a gap in the form of the absence
of commission and, in the case of the inapt attempt, in the form of the absence of threat to the legal good. Given the assumed absence of criminal wrongfulness in the absolutely inept act and the deficit in it in the case of a relatively inept attempt, arises questions about criminal liability for an inept attempt as the crime which does not pose a threat to a legal good, and the justification of its criminalisation in the Polish Penal Code of 1997 in the
light of the principles and rules expressed in the Polish Constitution. The authors address the above problem and, more precisely, examine the existing constitutional and legal basis of criminal liability for the inept attempt.