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    Criminal Law - Art. 6

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    dan kirby jomilla
    This document outlines the stages in the commission of a felony (by means of dolus or intent). It describes three stages: consummated, frustrated, and attempted. The consummated stage involves both the subjective and objective phases being present and the result being achieved. The frustrated stage involves all acts of execution being present but the crime not being achieved due to intervening causes. The attempted stage involves overt acts of execution starting but not all acts of execution being present, due to reasons other than the perpetrator desisting.

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    Criminal Law - Art. 6

    Uploaded by

    dan kirby jomilla
    30 views1 page
    This document outlines the stages in the commission of a felony (by means of dolus or intent). It describes three stages: consummated, frustrated, and attempted. The consummated stage involves both the subjective and objective phases being present and the result being achieved. The frustrated stage involves all acts of execution being present but the crime not being achieved due to intervening causes. The attempted stage involves overt acts of execution starting but not all acts of execution being present, due to reasons other than the perpetrator desisting.

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    Lecture Notes

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    This document outlines the stages in the commission of a felony (by means of dolus or intent). It describes three stages: consummated, frustrated, and attempted. The consummated stage involves both the subjective and objective phases being present and the result being achieved. The frustrated stage involves all acts of execution being present but the crime not being achieved due to intervening causes. The attempted stage involves overt acts of execution starting but not all acts of execution being present, due to reasons other than the perpetrator desisting.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    30 views1 page

    Criminal Law - Art. 6

    Uploaded by

    dan kirby jomilla
    This document outlines the stages in the commission of a felony (by means of dolus or intent). It describes three stages: consummated, frustrated, and attempted. The consummated stage involves both the subjective and objective phases being present and the result being achieved. The frustrated stage involves all acts of execution being present but the crime not being achieved due to intervening causes. The attempted stage involves overt acts of execution starting but not all acts of execution being present, due to reasons other than the perpetrator desisting.

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    ARTICLE 6.

    STAGES IN THE COMMISSION OF A FELONY (BY MEANS OF DOLO)


    CONSUMMATED FRUSTRATED ATTEMPTED
    /Overt acts of execution are started (overt acts
    /All the acts of execution are present /All the acts of execution are present performed must have a direct connection with
    the felony intended to be committed)
    /Crime sought to be committed is not
    STAGES /Not all acts of execution are present
    achieved
    /The result sought is achieved
    /Due to the intervening causes /Due to the reasons other than the spontaneous
    independent of the will of the perpetrator desistance of the perpetrator
    /The subjective phase is passed but the
    /Both subjective and object phases are present /The subjective phase is not yet passed
    felony is not produced
    CRITERIA (1) the MANNER OF COMMITTING THE CRIME (2) the ELEMENTS OF THE CRIME (3) the NATURE OF THE CRIME itself
    INTERNAL ACTS EXTERNAL ACTS
    (a) Preparatory Acts - acts tending toward
    the crime; as a rule these are not
    DEVELOPMENT OF
    punished unless these acts are punished in
    A CRIME -intent and plans; usually not punishable
    themselves as independent crimes
    NOTES:
    (b) Acts of Execution - acts directly
    **Desistance on the part of the offender
    connected to the crime
    negates criminal liability in the attempted stage.
    SUBJECTIVE OBJECTIVE
    **Desistance is true only in the attempted stage
    -that portion of the execution of the crime starting of the felony. If under the definition of the
    from the point where the offender begins to that felony, the act done is already in the frustrated
    PHASE -the result of the acts of the execution,
    point where he still has control of his acts. If it stage, no amount of desistance will negate
    that is, the accomplishment of the crime
    reaches the point where he has no more control criminal liability.
    over his acts, this phase is passed.
    FORMAL MATERIAL
    -those which have three stages of
    TYPES OF CRIME -those which are always consummated by a single
    execution, namely, attempted, frustrated,
    act like slander
    consummated

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