Podcast
Questions and Answers
In determining whether a felony is attempted, frustrated, or consummated, what distinguishes the 'subjective phase' from the 'objective phase'?
In determining whether a felony is attempted, frustrated, or consummated, what distinguishes the 'subjective phase' from the 'objective phase'?
- The subjective phase is when the offender has control over their actions, whereas the objective phase is when the offender no longer controls the effects of their actions. (correct)
- The subjective phase is determined by the victim's perception, while the objective phase is determined by the perpetrator's intent.
- The subjective phase refers to the offender's internal thoughts, while the objective phase involves external actions.
- The subjective phase involves acts of preparation, while the objective phase involves acts of execution.
Which of the following scenarios represents a frustrated felony?
Which of the following scenarios represents a frustrated felony?
- A person plans to commit robbery but decides against it before taking any action.
- A person poisons someone's drink with the intent to kill, but the person does not die because someone else intervenes and knocks the drink out of their hand. (correct)
- A person attempts to steal a car but is scared off by the alarm before successfully starting the engine.
- A person shoots at someone with the intent to kill, but only inflicts a minor injury.
Which condition would classify a crime as an attempted felony?
Which condition would classify a crime as an attempted felony?
- The offender completes all acts of execution, but the felony is not produced due to the victim's resistance.
- The offender spontaneously desists from completing all acts of execution.
- The offender successfully commits all the necessary acts of execution and accomplishes the felony.
- The offender begins the commission of a felony via direct overt acts, but fails to perform all acts of execution due to an unforeseen accident. (correct)
When are light felonies generally punishable under the law?
When are light felonies generally punishable under the law?
What is the primary criterion for classifying a felony as 'light'?
What is the primary criterion for classifying a felony as 'light'?
In which of the following scenarios are accessories NOT held liable?
In which of the following scenarios are accessories NOT held liable?
A person steals an item worth Php 150.00. Under the law, what is this crime considered?
A person steals an item worth Php 150.00. Under the law, what is this crime considered?
Which of the following best illustrates 'preparatory acts' in the commission of a crime?
Which of the following best illustrates 'preparatory acts' in the commission of a crime?
A person intends to kill their neighbor and buys a knife for that purpose. Before they can act, they have a change of heart and discard the knife. Has a crime been committed?
A person intends to kill their neighbor and buys a knife for that purpose. Before they can act, they have a change of heart and discard the knife. Has a crime been committed?
Which situation exemplifies acts of execution?
Which situation exemplifies acts of execution?
Flashcards
Consummated Felony
Consummated Felony
A felony where all elements for its execution and accomplishment are present.
Frustrated Felony
Frustrated Felony
A felony where the offender performs all acts of execution but the felony isn't produced due to external causes.
Attempted Felony
Attempted Felony
A felony where the offender starts the commission directly via overt acts, but doesn't complete all acts due to external causes (not desistance).
Subjective Phase (crime)
Subjective Phase (crime)
Signup and view all the flashcards
Objective Phase (crime)
Objective Phase (crime)
Signup and view all the flashcards
Light Felony
Light Felony
Signup and view all the flashcards
Study Notes
- Consummated, frustrated, and attempted felonies are punishable.
Consummated Felony
- A felony is consummated when all elements necessary for execution and accomplishment are present.
Frustrated Felony
- A felony is frustrated when the offender performs all acts of execution that would produce the felony, but it doesn't occur due to causes independent of the perpetrator's will.
Attempted Felony
- An attempt exists when the offender starts committing a felony directly through overt acts but doesn't complete all acts of execution due to a cause or accident other than their own spontaneous desistance.
Development of a Crime
- Internal acts, such as intent and plans, are usually not punishable.
- External acts are divided into preparatory acts (tending toward the crime) and acts of execution (directly connected to the crime).
Subjective and Objective Phases
- The subjective phase involves the offender's control over their actions.
- The objective phase begins when the subjective phase ends, and the offender loses control over the effects of their criminal acts.
- If interrupted during the subjective phase, it is an attempted crime.
- If the subjective phase is completed, but the felony wasn't produced, the crime is frustrated.
When Light Felonies Are Punishable
- Light felonies are punishable only when consummated, except those against persons or property.
Definition of Light Felony
- A light felony is a penal law violation punishable by imprisonment of no more than 30 days (arresto menor) or a fine of no more than P200.00, or both, at the court's discretion.
Examples of Light Felonies
- Examples include slight physical injuries, theft (PHP 5.00 or less), alteration of boundary marks, alarms and scandals, simple slander, malicious mischief (not exceeding PHP 200.00), and intriguing against honor.
Liability in Light Felonies
- In crimes against properties and persons, every stage of execution is punishable.
- Only principals and accomplices are liable for light felonies; accessories are not.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
