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Consummated, Frustrated, And Attempted Felonies


ART.6

STAGES OF EXECUTION:
1. CONSUMMATED – when all the elements necessary for its execution
   and accomplishment are present

2. FRUSTRATED

      Elements:
      a. offender performs all acts of execution
      b. all these acts would produce the felony as a consequence
      c. BUT the felony is NOT produced
      d. by reason of causes independent of the will of the
         perpetrator

3. ATTEMPTED

      Elements:
      a. offender commences the felony directly by overt acts
      b. does not perform all acts which would produce the felony
      c. his acts are not stopped by his own spontaneous desistance

Crimes, which do not admit of Frustrated and Attempted Stages:
1. Offenses punishable by Special Penal Laws, unless the law
   provides otherwise
2. Formal crimes – consummated in one instance
   (Ex: slander, adultery, etc.)
3. Impossible Crimes
4. Crimes consummated by mere attempt
   (Ex: attempt to flee to an enemy country, treason, corruption of minors)
5. Felonies by omission
6. Crimes committed by mere agreement (Ex: betting in sports: “ending,”
   corruption of public officers)

Crimes which do not admit of Frustrated Stage:
1. Rape
2. Bribery
3. Corruption of Public Officers
4. Adultery
5. Physical Injury

2 stages in the development of a crime:
1. Internal acts
   - e.g. mere ideas of the mind
   - not punishable
2. External acts
   a. Preparatory acts - ordinarily not punishable except when
      considered by law as independent crimes (e.g. Art. 304,
      Possession of picklocks and similar tools)
   b. Acts of Execution - punishable under the RPC

consummated frustrated attempted felony
Attempted vs. Frustrated Felony

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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