Art.8 Conspiracy & Proposal to Commit Felony Flashcards

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1
Q

What is ARTICLE 8 of the RPC?

A

CONSPIRACY AND PROPOSAL TO COMMIT FELONY

Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

  1. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
  2. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.
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2
Q

Conspiracy exists when:

A

1.Two or more persons come to agreement
oPresupposes meeting of the minds of two different parties/individuals

2.Agreement concerned the commission of a felony
o Must refer to commission of a crime
o Agreement to effect or bring about what has been conceived or determined

3.Execution of the felony be decided upon
o Made up their minds to commit it
o Determination to do such

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3
Q

CONSPIRACY AS A FELONY V. AS A MANNER OF INCURRING CRIMINAL LIABILITY

A
  • When conspiracy relates to crime actually committed, it is NOT a felony – only incurs criminal liability
  • Not (punishable) a separate offense – all involved in the conspiracy are equally liable
  • Applies also to treason, rebellion, sedition
  • Act one is act of all
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4
Q

What is the GENERAL RULE on CONSPIRACY? What are the EXCEPTIONS?

A

conspiracy/proposal NOT punished. Considered preparatory and not criminal.

*Exception – when specified by law such as conspiracies to commit the following: 
•Treason
•Coup d’etat
•Rebellion or insurrection
•Sedition

➢Basically crimes against national security or the law of nations

➢Must not actually be committed; need only to be planned about.

➢If committed, they are not felonies but are punished by special penal laws. Only the conspiracy or proposal to do such are felonies

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5
Q

Is DIRECT PROOF needed to prove CONSPIRACY?

A

Direct proof not needed to prove conspiracy.

Can be judged by the collective acts before, during, and after the commission of the crime.

  • All are equally guilty regardless of their role
  • Must be proved BRD
  • Positive and conclusive evidence needed.
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6
Q

What are the Requisites of PROPOSAL to COMMIT FELONY?

A

REQUISIES OF PROPOSAL

  1. Person has decided to commit a felony
  2. Proposes execution to other parties
    * actual proposal made is enough to incur a felony; does not need acceptance from other people
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7
Q

There is no proposal to commit a felony when…

A

No proposal when:

  1. Person is not determined to commit felony
  2. No concrete and formal proposal
  3. Not the execution of felony proposed
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