Impossible Crime - Impossible Crime Explample Concept { Criminal Law } - Limburg 60

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Wednesday, 3 November 2021

Impossible Crime - Impossible Crime Explample Concept { Criminal Law }

IMPOSSIBLE CRIME

The offender shall be held liable for an impossible crime if the following requisites are present:

Impossible crime example

1. offender performing an act which would have been an offense against person or property;

2. offender performed an act with evil intent; 

3. offender didn't commit the offense because of the impossibility of it is accomplishment or employment of inadequate or ineffectual means; and 

4. offender in performing an act isn't violating another provision of the law (Luis B.Reyes).

Impossible crimes of theft - X, an employee of Mega Inc., received a check from the customer of her employer. Instead of remitting the check to her employer, X deposited the check under her account. However, the drawee bank dishonored the check because of the insufficiency of funds. What is the crime committed by X? 


Answer: The crime committed is an impossible crime of qualified theft. 


Qualified theft is a crime against property. The act of depositing the check is committed with evil intent. The mere act of unlawfully taking the check meant for Mega Inc. showed her intent to gain or be unjustly enriched. There is a factual impossibility to accomplish the crime of qualified theft since the check is unfunded. (Jacinto vs. People, G.R. No. 162540, July 13, 2009).


Into principle - In Intod vs. Court of Appeals, G.R. No. 103119, Oct 21, 1992 – Outside the house of the victim, accused with intent to kill fired at the bedroom, where the victim is supposed to be sleeping. No one was in the room when the accused fired the shots. No one was hit by the gunfire. The accused were convicted of impossible crimes. 


Accused shoot the place where he thought his victim would be, although, in reality, the victim wasn't present in said place, and thus, the accused failed to accomplish their end due to its factual impossibility. In the US, criminal laws are silent regarding impossible crimes; hence where the offense sought to be committed is factually impossible of accomplishment, the offender shall be liable for the attempted crime. 


On the other hand, where the offense is legally impossible to accomplish, the actor can't be held liable for any crime. In the Philippines, the crime committed is an impossible crime if the offense sought to be committed is factually or legally impossible. Killing a dead person is an impossible crime because of legal impossibility. Putting the hand inside an empty pocket with an intention to steal a wallet is an impossible crime because of factual impossibility.


Raping a dead person - Prior to RA 8353, rape is a crime against chastity. Thus, if a person raped a dead person believing that she was just sleeping, the offender couldn't be held liable for an impossible crime (J. Ramon Aquino). In an impossible crime, the act could have constituted the crime against a person or property if its accomplishment wasn't impossible. 


Rape is neither a crime against a person nor against the property. However, RA 8353 reclassifies rape from crime against chastity to crime against the person. Hence, an offender for raping a dead person without knowing that she was already dead may now be held liable for an impossible crime.


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