Stages of Consumation Flashcards
When is a crime consummated?
When all the acts necessary for its accomplishment and execution are present.
What are the elements of an attempted crime?
- Commenced execution “directly, by overt acts”
- But offender did not complete all acts of execution to produce the felony
- Due to cause or accident other than spontaneous desistance
What is an Overt Act?
Such act that is direct connection to crime intended to be committed – must have an immediate and necessary connection.
What are preparatory acts?
means or measures necessary to produce the desired end.
What is the Subjective Phase in the commission of the crime?
still has full control of acts, and has not completed the needed acts yet
Is he is still in the subjective phase and he desists from committing the crime, is he liable?
NO. He is not liable.
What are the elements of a frustrated crime?
- All the acts of execution needed to produce the felony are present
So in the same way, the objective stage has been reached - But it was not produced by reason of causes independent of the perpetrator’s will
What are crimes where no frustrated stages exist?
- Rape
- Sexual Assault
- Robbery
- Theft
- Adultery
- Felonies by omission
- Falsification of Public Document
- Arson
- Corruption of Public Officials
What are formal crimes?
Those that are always consummated because the offender cannot perform all the acts necessary to consummate the offense without consummating it.