PROJECT-PROFILE

“Stages IN
Commission OF
Crime”

Submitted To Submitted By-

Ms. Meenakshi Sharma Nirmala Gupta

Lecturer L.L.B IIIrd Semester

MJRP ACADMY OF LAW Session- 2011-12

Roll No.-560

MJRP ACEDMY OF LAW

(MAHATMA JYOTI RAO PHOOLE UNIVERSITY)

LL.B Ist SEM

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 MAHATMA JYOTI RAO PHOOLE UNIVERSITY

JAIPUR

DATE-….. NOV.2011

Ms. Meenakshi Sharma

Lecturer

MJRP ACADMY OF LAW

CERTIFICATE

This is to certify that Mrs.Nirmala Gupta has Successfully Completed her

project report on

“Stages In Commission of Crime”

Further,it is certified that the study is original and has not
been submitted in any other university in India or abroad
for LL.B Ist Sem.

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INDEX

1. Generation OF CRIME
2. Application OF Article 6
3. The Attempted Stage
4. The Frustrated Stage
5. Consummated
6. Factors to Consider in
determining the proper stage

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STAGES
IN
COMMISSIO
N
OF
CRIME
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 I. Introduction:
Generation of a
Crime

A. The first is the Mental Stage

General Rule: Mental acts such as thoughts, ideas, opinions and
beliefs, are not subject of penal legislations. One may express an
idea which is contrary to law, morals or is unconventional, but as
long as he does not act on them or induce others to act on them,
such mental matters are outside the realm of penal law and the
person may not be subjected to criminal prosecution.

B. The Second: The External Stage which is where

the accused performs acts which are observable

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1). The Preparatory acts: Acts which may or may not lead to the
commission of a concrete crime. Being equivocal they are not as
rule punishable except when there is an express provision of law
punishing specific preparatory acts.

Examples:
(i) the general rule: buying of a gun, bolo or poison, even if the
purpose is to use these to kill a person; so also with conspiracies
and proposals.
(ii) the exception: possession of picklocks and false keys is
punished; as with conspiracies to commit treason, rebellion, sedition
and coup d’etat

2) The Acts of execution: the attempted, frustrated and consumated

stages

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 II. Application of Article
6:

Only to intentional felonies by positive acts but not to: (i). Felonies by
omission
(ii) Culpable felonies and
(iii) Violations of special laws, unless the special law provides for an
attempted or frustrated stage. Examples of the exception are The
Dangerous Drugs Law which penalizes an attempt to violate some of
its provisions, and The Human Security Act of 2007

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 III. The attempted stage:

"the accused commences the commission of a felonious act directly by

overt acts but does not perform all the acts of execution due to some
cause or accident other than his own spontaneous desistance”

A).(1). The attempt which the Penal Code punishes is that which
has a connection to a particular, concrete offense, that which is the
beginning of the execution of the offense by overt acts of the
perpetrator, leading directly to the its realization and commission (2)
The act must not be equivocal but indicates a clear intention to
commit a particular and specific felony. Thus the act of a notorious
criminal in following a woman can not be the attempted stage of any
felony.

B). Overt or external act is some physical deed or activity, indicating

the intention to commit a particular crime, more than a mere
planning or preparation, which if carried out to is 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

C). Examples:

1. The accused pressed a chemically -soaked cloth on the mouth

of the woman to induce her to sleep, while he lay on top of her and
pressed his body to her. The act is not the overt act that will
logically and necessarily ripen into rape. They constitute unjust
vexation. ( Note: it would be attempted rape if he tried to undress
the victim or touch her private parts) ( Balleros vs. People, Feb,

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 22, 2006)
2. One found inside a house but no article was found on him, is
liable for trespass and not for attempted theft or robbery even if he
is a notorious robber
3. One found removing the glass window panes or making a hole
in the wall is not liable for attempted robbery but for attempted
trespass

D) The accused has not yet passed the subjective phase or that
phase encompassed from the time an act is executed which begins
the commission of the crime until the time of the performance of the
last act necessary to produce the crime, but where the accused has
still control over his actions and their results.
.
E).The accused was not able to continue performing the acts to
produce the crime. He was prevented by external forces and not
because he himself chose not to continue. Such as when his
weap0n was snatched, or his intended victim managed to escape, or
he was overpowered or arrested.

F). If the accused voluntarily desisted i.e he himself decided not to

continue with his criminal purpose, then he is not liable.
1. Reason: This is an absolutory cause by way of reward to those
who, having set one foot on the verge of crimes, heed the call of
their conscience and return to the path of righteousness. .
2. The reason for the desistance is immaterial
3. Exceptions: when the accused is liable despite his desistance
a). when the act performed prior to the desistance already
constituted the attempted stage of the intended felony. For
example: the accused, with intent to kill, shot at the victim but
missed after which he “desisted”, his acts already constituted
attempted homicide
b). When the acts performed already gave rise to the intended
felony. The decision not to continue is not a legal but factual
desistance. As in the case of a thief who returned what he stole.
c). When the acts performed constitute a separate offense.
Pointing a gun at another and threatening to kill, and then

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 desisting gives rise to grave threats.

IV. The Frustrated Stage:

The accused has performed all the acts of execution necessary to

produce the felony but the crime is not produced by reason of causes
independent of the will of the accused.

A. The accused has passed the subjective phase and is now in the
objective phase, or that portion in the commission of the crime
where the accused has performed the last act necessary to produce
the intended crime and where he has no more control over the
results of his acts.

B. The non-production of the crime should not be due to the acts of

the accused himself, for if it were he would be liable not for the
frustrated stage of the intended crime, but possibly for another
offense.

Thus: where the accused shot the victim mortally wounding him, but
he himself saved the life of his victim, his liability is that for serious
physical injuries as the intent to kill is absent.

C. Attempted vs. Frustrated Homicide/murder. Where the accused,

with intent to kill, injured the victim but the latter did not die, when is
the crime attempted or frustrated?

1. First View: “The subjective phase doctrine”. If at that point

where the accused has still control over the results of his actions
but is stopped by reason outside of his own desistance and the
subjective phase has not been passed, the offense is attempted

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2. Second View: The Mortal Wound or Life Threatening Injury
Doctrine: If a mortal wound or life threatening injury had been
inflicted, the offense is frustrated, else it is attempted ( Palaganas
vs. PP., Sept. 12, 2006)
3. Third View: The belief of the accused should be considered in
that if the accused believed he has done all which is necessary to
produce death, then it is frustrated.

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V. Consummated.
When all the elements of the crime are present whether it be the
intended crime or a different crime

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VI. Factors to Consider in determining
the proper stage.
A. The manner of the commission of the crime and how it is defined
by the RPC. Some crimes have only the consumated stage (Formal
crimes) such as threats, coercion, alarms and scandal, slander, acts
of lasciviousness. In rape the gravamen is whether there is
penetration or not, no matter how slight, hence rape is either
attempted or consummated.

B. The elements of the felony.

1. Theft: it is consummated once the article is in the material

physical possession of the accused, whether actual or
constructive. His ability to dispose off the thing his immaterial and
does not constitute an element.

N.B. Decisions of the CA as to bulky items where the accused

must have the opportunity dispose off or appropriate the articles
have already been reversed. The doctrine now is that theft has no
frustrated stage ( Valenzuela vs. PP. June 21, 2007)

2. Estafa: It is not the material possession but the existence of

damage which consumates the crime.

3. Robbery with Force Upon Things: The thing must be brought

out of the building to consumate the crime.

C. The Nature of the Felony Itself

1. Crimes which require the participation of two persons have no

frustrated stage. Examples: Adultery and concubinage; corruption
of a public official.

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2. There are crimes which are punished according to their results
and not the intention of the accused such as physical injuries.
3. As to Arson: it is consumated once a part of the building is
burned. It has been ruled that if the accused lit certain materials
but no part of the building as burned, the crime is in its frustrated
stage and if there was no material which was as yet lit, then arson
is still in its attempted. Thus one who places sacks soaked in
gasoline near the post and lit it but no part of the building was
burned, committed frustrated arson.

(Personal Opinion: there can be no frustrated stage, but only

attempted stage if the fire was not yet applied to the building. But
if fire was applied to the building or a part thereof but no part of the
building was burned, then it is attempted. The only consideration is
whether or not the accused succeeded in burning a part of the
building. If no part of the building was burned, it is still attempted
arson no matter how far gone were the acts of the accused).

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