|

Conspiracy and proposal to commit  felony, A8 Revised Penal Code

Conspiracy to commit a felony is the act of coming to an agreement by at least two (2) persons to commit a felony and which they have already decided upon. Proposal to commit a felony refers to the situation when the person who has decided to commit a felony proposes its execution to some other person or persons.

1. Concept

Conspiracy to commit felony – is the act of coming to an agreement by at least two (2) persons to commit a felony and which they have already decided upon.

Proposal to commit felony – refers to the situation “when the person who has decided to commit a felony proposes its execution to some other person or persons.” (REVISED PENAL CODE, Paragraph 3, Article 8)

NB: Conspiracy to commit felony and proposal to commit felony are not offenses per se. They only become offenses is so specified, e.g., conspiracy to commit treason, proposal to commit treason.

a. Legal basis

Article 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) To conspire to commit fel...

 



Already a subscriber? Log in below. Not yet a member? Subscribe.

 

Similar Posts