Discussion on Articles 6 to 10 focusing on stages of execution, persons criminally liable, and types of conspiracy.
Emphasis on determining stages and liabilities to impose proper penalties.
Article 6: Stages of Execution
Consummated Felonies: All necessary elements for execution and accomplishment are present.
Frustrated Felonies: Attempted but not completed due to external intervention, not defendant's desistance.
Attempted Felonies: Commencement of commission without completion due to factors other than desistance.
Development of a Crime
Internal Acts: Not punishable; they include thoughts or intentions without external manifestation.
External Acts: Divided into preparatory acts (generally not punishable) and acts of execution (punishable).
Preparatory Acts: Not punishable unless a law specifies otherwise.
Acts of Execution: Punishable; include attempted, frustrated, and consummated stages.
Legal Concepts
Mens Rea & Actus Rea: Both a criminal mind and act must be present for liability.
Exception for minors (below 15) where criminal liability is not applicable under Juvenile Justice and Welfare Act.
Examples and Illustrations
Illustration 1: Husband intending to kill wife with insecticide - Not liable as preparatory act.
Illustration 2: Possession of picklocks - Liable due to illegal possession, not for attempted robbery.
Subjective and Objective Phases
Subjective Phase: Control over criminal act; desistance possible.
Objective Phase: Lack of control indicating frustration or consummation.
Conspiracy
Definition: Agreement and decision among two or more to commit a felony.
Legal Principles:
Mere conspiracy not punishable unless a law stipulates.
Act of one conspirator is the act of all.
Liability: Limited to crime conspired unless independent acts are committed.
Special Complex Crimes
Robbery with Homicide/Rape: Any death or rape during or after robbery leads to liability for all involved.
Types of Felonies
Grave: Punishable by capital or afflictive penalties.
Less Grave: Punishable by correctional penalties.
Light: Punishable only when consummated unless against persons/property.
Articles 7 to 10: Other Considerations
Classification and Penalties: Differentiation by severity and nature of crime.
RPC vs. SPL:
RPC crimes are mala in se (evil by nature).
SPL crimes are mala prohibita (prohibited by law).
General Rule for SPL: Offenses are consummated unless stated otherwise.
Mitigating and Aggravating Circumstances
Importance in determining penalties based on presence or absence of mitigating or aggravating factors.
Conclusion
Understanding stages, liability, and conspiracy aspects crucial for determining proper penalties in criminal cases. Articles 6 to 10 provide a framework for legal processes in crime adjudication.