Article 8 Flashcards
Kinds of conspiracy
1) Conspiracy as a felony
2) Conspiracy as a manner of incurring criminal liability
Indications of conspiracy
Aimed at the same object Acts, though independent, were concerted and cooperative Unity of purpose Unity in the execution of unlawful acts Shows a common design
When does conspiracy arise
v.
Evident Premeditation
From the very instant the plotters agree, expressly or impliedly, to commit the felony and decide to pursue it
Evident premeditation:
Where a sufficient period of time must elapse to afford full opportunity for meditation and reflection and to deliberate on the consequences of his intended deed
Requisites of conspiracy
1) 2 or more persons came to an AGREEMENT*
2) agreement concerned the commission of the felony
3) execution of the felony be decided upon
*mere fact of meeting with complainants is not sufficient. there must be agreement!
Quantum of proof for conspiracy
Proven beyond reasonable doubt;
Positive and conclusive evidence
Requisites of proposal
1) A person has decided to commit a felony
2) he PROPOSES ITS EXECUTION to some other person or persons
No criminal proposal when
1) person who proposes is not determined to commit the felony
2) no decided, concrete, and formal proposal – merely a suggestion
3) it is not the execution of a felony that is proposed (i.e. proposal for the performance of PREPARATORY ACTS for the commission of rebellion)
What constitutes the felony of proposal to commit treason
the making of the proposal
NOT NECESSARY THAT HE AGREED v. Conspiracy where there is agreement
Crimes punishable by mere conspiracy
1) Rebellion, Coup D’etat, Insurrection
2) Sedition
3) Treason
4) Monopolies and Combination in Restraint of Trade
Crimes punishable by mere proposal
1) Rebellion, Coup D’etat, Insurrection
2) Treason
*NO PROPOSAL TO COMMIT SEDITION
Crimes in which conspiracy and proposal are punishable are against…
1) security of the state (internal-coup, rebellion, sedition and external-treason)
2) economic security (monopolies)
