STAGES OF EXECUTION Flashcards
mere ideas in the mind of a person, not punishable even if, had they been carried out, they would constitute a crime
Internal Acts
include (a) preparatory acts and (b) acts of execution
External Acts
those that do not have a direct connection with the crime which the offender intends to commit
Preparatory acts–
These are ordinarily not punishable except when expressly provided for or when they are considered in themselves as independent crimes
Preparatory acts–
Stages of felony - those punishable under the Revised Penal Code
Acts of execution–
Classifications of felonies according to the stage of execution
Consummated; Frustrated; Attempted
Phases of felony
Subjective phase and Objective phase
that portion of execution of the crime starting from the point where the offender begins up to that point where he still has control over his acts. If the subjective phase has not yet passed, the felony would be a mere attempt. If it already passed, but the felony is not produced, as a rule, it is frustrated.
Subjective phase
If it reaches the point where he has no more control over his acts the subjective phase has
passed.
Phase: results of the acts of execution, that is, the accomplishment of the crime.
Objective phase
If the subjective and objective phases are present, then is the felony is
consummated
A felony is ? when all the acts necessary for its accomplishment and execution are present.
consummated
A felony is ? when the offender performs all the acts of execution which would produce the felony as a result, but which nevertheless do not produce it by reason of causes independent of the will of the perpetrator
frustrated
X stabbed Y in the abdomen, penetrating the liver and chest of Y. Y was rushed to the hospital and was given immediate medical treatment. Is X liable for consummated homicide?
NO, because the prompt medical treatment received by the offended party saved his life
A, a doctor, conceived the idea of killing his wife B, and to carry out his plan, he mixed arsenic with the soup of B. Soon after taking the poisonous food, A suddenly had a change of heart and washed out the stomach of B. A also gave B an antidote. Is A liable for frustrated parricide?
NO, the cause which prevented the consummation of the crime was not independent of the will of the perpetrator. It cannot be considered attempted parricide, because A already performed all acts of execution. A can only be liable for physical injuries.
What are the Crimes which do not admit of a frustrated stage
Rape; Corruption of public officers; Physical injury; Adultery;Theft–
the gravamen of the offense is carnal knowledge, hence, the slightest penetration to the female organ consummates the felony.
Rape
mere offer consummates the crime.
Corruption of public officers
consummated at the instance the injuries are inflicted.
Physical injury
the essence of the crime is sexual congress.
Adultery
the essence of the crime is the taking of property belonging to another. Once the thing has been taken, or in the possession of another, the crime is consummated. what crime is this?
Theft
Theft; Once the thing has been taken, or in the possession of another, the crime is at what stage?
consummated.
There is an ? when the 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
attempt
There is an ? when the offender commences the commission of a felony directly by ?, and does not ?? the acts of execution which should produce the felony, by reason of some ?? other than his own ?
attempt; overt acts; perform all ;cause or accident ; spontaneous desistance
The word directly, emphasizes the requirement that the attempted felony is that which is directly linked to the ?? performed by the offender not the felony he has in his mind.
The word directly, emphasizes the requirement that the attempted felony is that which is directly linked to the overt act performed by the offender not the felony he has in his mind.
are some physical activity or deed, indicating the intention to commit a particular crime, more than mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense
Overt acts
It is where the purpose of the offender in performing an act is not certain. Its nature and relation to its objective is ambiguous.
Indeterminate offense
A person enters the dwelling of another. However, at the very moment of his entry and before he could do anything, he is already apprehended by the household members, can he be charged with attempted robbery?
NO. The act of entering alone is not yet indicative of robbery although he may have planned to do so. Instead, he may be held liable for trespassing.
Criteria involved in determining the stage (whether it be in attempted, frustrated or consummated stage) of the commission of a felony
manner; elements; nature
If the offender has not yet performed all the acts of execution but he was not able to perform all the acts of execution due to some cause or accident other than his own spontaneous desistance, then it is
then it is an attempted felony.
if the offender has performed all the acts of execution which should produce the felony as a consequence but the felony was not realized, then the crime is already in the
frustrated stage.
Instances wherein the stages of a crime will not apply?
Offenses punishable by Special Penal Laws, unless otherwise provided for;
Formal crimes;
Impossible crimes;
Crimes consummated by mere attempt(e.g. attempt to flee to an enemy country);
Felonies by omission; and
Crimes committed by mere agreement (e.g. betting in sports, corruption of public officers).
Offenses punishable by Special Penal Laws, unless otherwise provided for; stages of a crime will apply?
Will not apply
Formal crimes; stages of a crime will apply?
Will not apply
Impossible crimes; stages of a crime will apply?
Will not apply
Crimes consummated by mere attempt; stages of a crime will apply?
Will not apply
Felonies by omission; stages of a crime will apply?
Will not apply
Crimes committed by mere agreement (e.g. betting in sports, corruption of public officers); stages of a crime will apply?
Will not apply
Crimes which are consummated in one instance and thus do not admit of stages e.g. physical injuries, false testimony, oral defamation.
Formal crimes
It is a single crime, consisting of a series of acts but arising from one criminal resolution.
Continuing crime
Here, the offender is impelled by a single criminal impulse but committed a series of acts at about the same time in about the same place and all the overt acts violate one and the same provision law. e.g. theft of 13 cows belonging to different owners committed by the accused at the same place and at the same time.
Continued crime
exists when two or more crimes are committed but they constitute only one crime in the eyes of the law. Here, there is only one criminal intent; hence, only one penalty is imposed.
Complex crime
? penalty is imposed for complex crimes because there is ?? criminal act, thus, there should ?? information charging a complex crime.
Only one; only one; only one
one in which the substance is made up of more than one crime, but which, in the eyes of the law, is only a single indivisible offense.
Special complex crime or composite crime
Examples of special complex crimes
Qualified piracy, when piracy is accompanied by murder, homicide, physical injuries or rape; Rape with homicide; Kidnapping with rape; Kidnapping with homicide; Kidnapping with physical injuries; Robbery with homicide; Robbery with rape; Robbery with physical injuries; and Robbery with arson.
Kidnapping; complex crime?
No complex crime
Search warrants maliciously obtained (Art. 129, RPC) in relation to perjury; complex crime?
No complex crime
Kidnapping with rape; complex crime?
yes
Occupation of real property or usurpation of real rights in property; complex crime?
No complex crime
Robbery with homicide; complex crime?
Yes
When one offense is committed to conceal the other; complex crime?
No complex crime
When one crime is an element of the other, for in that case, the former shall be absorbed by the latter. e.g. trespassing which is an element of the robbery with force upon things; complex crime?
No complex crime
Robbery with physical injuries; complex crime?
Yes
When the crime has the same elements as the other crime committed; complex crime?
No complex crime
Estafa and falsification of private documents; complex crime?
No complex crime
When one of the offenses is penalized by a special law; complex crime?
No complex crime
He was charged of two offenses: (1) Reckless Imprudence Resulting in Slight Physical Injuries; and (2) Reckless Imprudence Resulting in Homicide and Damage to Property. Can Ivler be convicted with the two offenses?
NO. Reckless imprudence is a single crime, its consequences on persons and property are material only to determine the penalty. Reckless imprudence under Art. 365 is a single quasi-offense by itself and not merely a means of committing other crimes such that conviction or acquittal of such quasi-offense bars subsequent prosecution for the same quasi-offense, regardless of its various resulting acts
When a complex crime is committed, the penalty for the ? shall be imposed?
most serious crime in its maximum period shall be imposed.
