Article 6

Question 1

Consummated Felony

Answer 1

When all the elements necessary for its execution and accomplishment are present

Question 2

Frustrated Felony

Answer 2

Offender performs all the acts of execution which would produce the felony as a consequence, but do not produce it by reason of causes independent of the will of the perpetrator

Question 3

Attempted Felony

Answer 3

Offender commences the commission of a felony directly by overt acts and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance

Question 4

Stages of a crime

Answer 4

1) Internal acts

2) External acts

Question 5

Internal acts

Answer 5

mere ideas in the mind of the person

– not punishable

Question 6

External acts

Answer 6

1) Preparatory acts

2) Acts of execution

Question 7

Preparatory acts

Answer 7

ordinarily, not punishable

proposal and conspiracy to commit a felony not punishable, except when the law provides for their punishment

Question 8

Exceptions to preparatory acts, punishable

Answer 8

Considered by themselves as independent crimes:
Possession of pick locks
Proposal and conspiracy to commit felony:
–rebellion
–sedition
–treason
–monopoly

Question 9

Stages of acts of execution

Answer 9

1) attempted
2) frustrated
3) consummated

Question 10

Elements of attempted felony

Answer 10

1) Offender COMMENCES the commission of the felony directly by OVERT ACTs
2) DOES NOT perform all the acts of execution which should produce the felony*
3) Offender’s act is NOT STOPPED BY HIS OWN SPONTANEOUS DESISTANCE
4) Non-performance of all acts of execution was due to CAUSE or ACCIDENT OTHER THAN his spontaneous desistance

*can still be classified as attempted if already fired the firearm but without inflicting a mortal wound

Question 11

Requisites of overt acts

Answer 11

1) There be external acts

2) Such external acts have DIRECT CONNECTION with the crime intended to be committed

Question 12

Overt act

Answer 12

Some PHYSICAL ACTIVITY or DEED indicating intention to commit a particular crime, more than mere planning, which IF CARRIED TO ITS COMPLETE TERMINATION without being frustrated by external obstacles or voluntary desistance, will LOGICALLY and NECESSARILY RIPEN into a concrete offense

MAY NOT BE A PHYSICAL ACTIVITY – i.e. proposal to make an offer of money to public officer

Question 13

Indeterminate offense

Answer 13

One where the purpose of the offender in performing an act is not certain

Question 14

subjective phase

Answer 14

That portion of the acts constituting the crime, starting from the point where offender BEGINS the commission of the crime to that point where he has still CONTROL over his acts, including the acts’ natural course

attempted

Question 15

objective phase

Answer 15

Performs the last act = frustrated

Question 16

Elements of Frustrated Felony

Answer 16

1) Offender performs all the acts of execution
2) All the acts performed would produce the felony as a consequence
3) The felony is not produced
4) By reason of causes independent of the will of the perpetrator

Question 17

Attempted/Frustrated v. Impossible Crime

Answer 17

ALL: Evil intent is not accomplished

Impossible Crime:

• cannot be accomplished
• because it is inherently impossible or inadequate or ineffectual means

Attempted/Frustrated:

• possible of accomplishment
• not accomplished because there was intervention of certain cause/accident

Question 18

What happens when not all the elements of a felony are proved

Answer 18

1) Felony is not shown to have been consummated
2) Felony is not shown to have been committed
3) Another felony is shown to have been committed

Question 19

How to determine whether crime is only attempted, frustrated or consummated

Answer 19

1) nature of the offense
2) elements constituting the felony
3) manner of committing the felony

Question 20

WHEN CONSUMMATED
Robbery by use of force upon things
v.
Robbery with violence or intimidation of persons

Answer 20

Robbery through force: he must be able to carry out of the building the thing to be taken

Robbery through violence of persons: consummated the moment offender gets hold of thing take and/or is in a position to dispose of it freely

Question 21

Different manners of committing the crime

Answer 21

1) Formal Crimes - consummated in one instant, no attempt
2) Crimes consummated by mere attempt or proposal or by overt act
3) Felony by omission
4) Crimes requiring the intervention of two persons to commit them are consummated by mere agreement
5) Material crimes - crimes with 3 stages of execution (A,F,C)

Question 22

No frustrated theft, no frustrated robbery, no frustrated rape, no attempted or frustrated impossible crime

Answer 22

Impossible to have frustrated stage

Question 23

Intent to kill is what differentiates…

Answer 23

Homicide from Physical Injuries