Conspiracy and Proposal To Commit Treason

ART. 115.

ELEMENTS – CONSPIRACY:
1. In time of war;
2. Two or more persons come to an agreement to -
    a. levy war against the government, or
    b. adhere to the enemies and to give them aid or comfort
3. They decide to commit it.

ELEMENTS – PROPOSAL:
1. In time of war
2. A person who has decided to levy war against the government,
   or to adhere to the enemies and to give them aid or comfort
3. Proposes its execution to some other person/s.

Notes:

As a general rule, conspiracy and proposal to commit a felony is
not punishable (ART.8). Art 115 is an exception as it specifically
penalizes conspiracy and proposal to commit treason.

Mere agreement and decision to commit treason is punishable.

Two-witness rule – not applicable since this is a crime separate
from treason.

Mere proposal even without acceptance is punishable, too. If the
other accepts, it is already conspiracy.

If actual acts of treason are committed after the conspiracy or
proposal, the crime committed will be treason, and the conspiracy
or proposal is considered as a means in the commission thereof.

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