Attempted, Frustrated, and Consummated Stages of Execution (Article 6 of the Revised Penal Code)

Summary

This video discusses the stages of felony execution, focusing on intentional felonies and their classification into consummated, frustrated, and attempted stages. It explains how a felony is consummated when all its elements are present, and provides examples like murder, slander, and robbery. The video also highlights crimes with no frustrated stage, such as rape and arson. Additionally, it differentiates between overt and preparatory acts, noting that spontaneous desistance absolves criminal liability. The distinctions between attempted, frustrated, and consummated felonies are outlined to provide clarity on the stages of criminal activity.

Takeaways

• 😀 Crimes classified by stages of execution generally apply to intentional felonies and do not apply to culpable felonies or felonies by omission.
• 🔪 A felony is considered consummated when all necessary elements for its execution and accomplishment are present, meaning the crime has been produced.
• 🔥 Some crimes, like formal crimes, do not have attempted or frustrated stages, such as physical injuries and slander (oral defamation).
• 🏥 A felony is in the frustrated stage when the offender performs all acts that should result in the crime but it is not produced due to causes independent of their will.
• 💡 Certain felonies, like rape, arson, and adultery, do not have frustrated stages because they are consummated once the essential act occurs.
• 💰 Crimes like theft and robbery are consummated the moment the offender gains possession of the stolen item, even if only temporarily.
• 🏃‍♂️ The attempted stage occurs when the offender begins committing the felony through overt acts but does not complete all acts needed to produce the crime due to external factors.
• ⚠️ Preparatory acts, such as buying poison, are not overt acts and are not punishable unless they involve crimes like treason or rebellion.
• 🙅‍♂️ Desistance, or voluntarily stopping the crime, absolves the offender from liability in the attempted stage but not in the frustrated or consummated stages.
• 🔄 The subjective phase refers to when the offender still has control over their actions in the attempted stage, while the objective phase occurs when the offender has no control after performing all necessary acts in the frustrated or consummated stages.

Q & A

What are the stages of execution for intentional felonies?

The stages of execution for intentional felonies are attempted, frustrated, and consummated. These stages apply only to intentional felonies and not to culpable felonies or felonies by omission.

What is a consummated felony?

A felony is considered consummated when all the elements necessary for its execution and accomplishment are present, meaning the offender does not need to do anything more to accomplish the crime.

What are formal crimes, and do they have attempted or frustrated stages?

Formal crimes do not have attempted or frustrated stages. These crimes cannot be executed without performing all the acts necessary for their commission. Examples include physical injuries, slander, oral defamation, and crimes resulting from imprudence and negligence.

What is the frustrated stage of a felony?

A felony is in the frustrated stage when the offender performs all the acts necessary for its execution, but the intended felony is not produced due to causes independent of the offender's will, such as medical intervention saving a victim's life.

Which felonies do not have a frustrated stage?

Felonies that do not have a frustrated stage include rape, arson, adultery, theft, and robbery. In these cases, the crime is deemed consummated once certain actions occur, such as penetration in rape or taking possession in theft and robbery.

What is an attempted felony?

An attempted felony occurs when the offender starts the commission of a felony directly by overt acts but does not perform all the necessary acts to produce the felony due to causes other than his own spontaneous desistance.

What is the difference between overt acts and preparatory acts?

Overt acts are external actions indicating the intention to commit a crime and are more than mere planning or preparation. Preparatory acts are equivocal actions that require further actions to produce a felony and may have double interpretations.

When is desistance considered an absolutory cause?

Desistance is considered an absolutory cause when the offender voluntarily stops the commission of a felony in the attempted stage, absolving him from criminal liability. The reason for the desistance is immaterial.

What is the subjective phase of a felony?

The subjective phase of a felony refers to the stage in which the offender still has control over his actions and can choose to continue or desist from committing the felony. This phase only exists in the attempted stage.

What are the main distinctions between attempted, frustrated, and consummated felonies?

In attempted felonies, not all acts of execution are performed, and the offender still has control over his actions. In frustrated felonies, all acts of execution are performed, but the crime is not accomplished due to external causes. In consummated felonies, all acts are performed, and the intended felony is produced.