Art 6 Consummated frustrated and attempted felonies Consummated felonies as

Art 6 consummated frustrated and attempted felonies

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Art 6. Consummated, frustrated, and attempted felonies. Consummated felonies, as well as those which are frustrated and attempted, are punishable. A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which
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the defamatory words were uttered and heard by a third person, the crime is consummated. should produce the felony by reason of some cause or accident other than his own spontaneous desistance. b. When is a felony frustrated A felony is frustrated when the offender performs all the acts which would produce the felony as a consequence, but the felony was not produced by reason of causes independent of the will of the perpetrator. The offender has reached the objective stage because no further action is required on his part. It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. Elements of frustrated felony: 1. The offender performs all the acts of execution; 2. All the acts would produce the felony as a consequence; 3. But the felony was not produced; 4. By reason of causes independent of the will of the perpetrator c. When is a felony attempted A felony is attempted when the offender commences the commission of an offense directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. The offender is still in the subjective phase because he has not performed all acts necessary for its accomplishment. There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Elements of attempted felony 1. The offender commences the commission of the felony directly by overt acts; 2. He does not perform all the acts of execution which should produce the felony; 3. The offender's act is not stopped by his own spontaneous 4. The non-performance of all acts of execution was due to desistance cause or accident other than his spontaneous desistance. When the cause of the non-performance of all the acts necessary for the commission of the offense is other than the offender's spontaneous desistance, the felony is attempted. (People v. Pareja) Therefore, ifthe cause is his desistance, the act is not yet attempted felony.
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  • Spring '17
  • john doe

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