Stages criminal law - How many Stages of Crime { Criminal Law } - Limburg 60

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Thursday, 4 November 2021

Stages criminal law - How many Stages of Crime { Criminal Law }

STAGES

ATTEMPTED AND FRUSTRATED STAGES: In an attempted felony, the offender performs directly an overt act, which consists of one or more acts of execution, but not enough to consequently produce the felony. In frustrated felonies, the offenders perform all the acts of execution that would produce the felony as a matter of consequence. 

stages of crime

To determine whether the felony is at the attempted or frustrated stages, acts of execution of a felony must be identified. 

Stages Example: The acts of execution that would produce homicide or murder are infliction of mortal wounds upon the victim. If the wounds inflicted upon the victim with intent to kill are non-mortal, the crime committed is attempted homicide; if wounds are mortal, the crime committed is frustrated homicide.

In attempted felony and frustrated felony, the external acts performed by the offender and the intended felony must have a direct connection; but in an attempted felony, the offender failed to perform all the acts of execution; thus his external acts would “not produce” the felony as a consequence; on the other hand in a frustrated felony, the offender performed all the acts of execution; thus, his external acts “would produce” the felony as a consequence.

FRUSTRATED AND CONSUMMATED  STAGES - In a frustrated and consummated felony, the accused performed all acts of execution that would produce the felony as a consequence. If the felony isn't produced due to external cause, the crime committed is a frustrated felony; if the felony is produced the crime committed is consummated.

In a frustrated felony, the offender performed all the acts of execution but the felony wasn't produced as a consequence due to extraneous cause. However, there are felonies, the commission of which has no frustrating stages since the performance of all the acts of execution immediately consummates the felony. In homicide or murder cases, once the offender inflicted a mortal wound on the victim, all the acts of execution are considered performed. 

However, what consummates homicide or murder isn't the infliction of mortal wounds but the death of the victim as a consequence of the mortal wound inflicted. Thus, if the mortally wounded victim didn't die due to medical intervention, homicide or murder is only at the frustrating stages. 

On the other hand, in rape, once the offender sexually penetrates the labia of the vagina of the victim, all the acts of execution are considered performed. But since sexual penetration consummates rape, there are no occasions where the offender performed all the acts of execution and yet the felony wasn't produced as a consequence. In sum, there is no such thing as frustrated rape since the performance of all the acts of execution immediately consummates rape.

ABSOLUTORY CAUSE  STAGES  In attempted felony and frustrated felony, the offender failed to accomplish his criminal objective by reason of extraneous causes; if the causes aren't extraneous, the accused will be absolved from criminal liability. 

A. Negative Act - In the attempted stage of the execution of a felony, the offender must do a “negative action” to be exempt from criminal liability for an attempted felony; since the offender has not yet performed all the acts of execution that would produce the felony as a consequence, he must spontaneously desist from further doing criminal acts that will complete all the acts of execution. 

Example: “A” with intent to kill shot “B”; “B” sustained nonmortal wound. To be exempt from criminal liability for attempted homicide or murder, “A” must spontaneously desist from further shooting “B” in order not to inflict mortal injury upon him. 

Criminal law Philippines

Decriminalization Law

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