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Criminal Law Summer Reviewer
Page 3 of 174
degree ofaccomplishment of the crime
taken into account taken into accountonly whenconsummated
taken into accountin imposing penaltyGENERALLY nottaken into account
when there is morethan one offender,it is taken intoconsiderationGENERALLY nottaken into account
General Rule:RPCGeneral Rule:Special PenalLaws
INTENT v. MOTIVEIntent Motive
purpose to use aparticular means to effecta resultmoving power which impelsone to actelement of crime exceptin crimes committed withculpanot an elementessential in intentionalfeloniesessential only when the identityof the felon is in doubt
ART. 4: CRIMINAL LIABILITYRequisites:
1. felony has been committed intentionally2. injury or damage done to the other party isthe direct, natural and logical consequenceof the felonyHence, since he is still motivated by criminal intent,the offender is criminally liable in:1.
Error in personae
– mistake in identity2.
– mistake in blow3.
– lack of intent tocommit so grave a wrong
– the cause, which in thenatural and continuous sequence unbroken by anyefficient intervening cause, produces the injury,without which the result would not have occurred
1. Act would have been an offense againstpersons or property.
2. There was criminal intent.
3. Accomplishment is inherently impossible; or inadequate or ineffectual means areemployed.
4. Act is not an actual violation of another provision of the Code or of special law.
Impossible crime occurs when there is:1. inherent impossibility to commit the crime2. inadequate means to consummate the crime3. ineffectual means to consummate the crime
Paragraph 2 does not apply to crimespunishable by special law, including profiteering, andillegal possession of firearms or drugs. There can beno executive clemency for these crimes.
STAGES OF EXECUTION:
– when all the elementsnecessary for its execution and accomplishmentare present2.
a. offender performs all acts of executionb. all these acts would produce the felonyas a consequencec. BUT the felony is NOT producedd. by reason of causes independent of thewill of the perpetrator 3.
:a. offender commences the felony directlyby overt actsb. does not perform all acts which wouldproduce the felonyc. his acts are not stopped by his ownspontaneous desistance
Par.1 Criminal liability for a felony committeddifferent from that intended to be committedPar. 2 Impossible CrimeArt. 5: Duty of the court in connection withacts which should be repressed but which arenot covered by the law, and in cases ofexcessive penaltiesART. 6: CONSUMMATED, FRUSTRATED, ANDATTEMPTED FELONIES