Article 8. Conspiracy Flashcards
Article 8. 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.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution
to some other person or persons.
Two kinds of conspiracy as a means of committing a felony:
- Direct/Express
- Implied/Inferred
- Direct/express conspiracy
Met, planned, and agreed to commit a crime.
Based on a preconceived plan or based on a preconceived agreement.
Their mere presence at the time of the commission of the crime will make them liable already as conspirators because they were part of the authors of the criminal design.
- Implied/Inferred conspiracy
Deduced from the mode or manner of committing a crime. Here, the conspirators acted simultaneously in a
synchronized and coordinated manner towards a common criminal objective.
There must be an active participation in the commission of the crime. Mere presence, mere approval, mere acquiescence to the commission of the crime will not make the offender criminally liable.
Two kinds of Multiple Conspiracy
- Wheel or Circle Conspiracy
- Chain Conspiracy.
Wheel or Circle Conspiracy
A person or group of persons known as the hub deals individually with another person or group of persons known as the spokes
Chain Conspiracy
Constant and continuous communication among the manufacturers with the wholesaler, the wholesaler with the retailer, the retailer with the consumer.