Consummated, frustrated, attempted, A6 Revised Penal Code

1. Concept Duty of the court – the Revised Penal Code imposes certain duties over courts in connection with acts which should be repressed but which are not covered by the law. a. Legal basis Article 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 or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. (Revised Penal Code) b. The 3 stages of a crime The three (3) stages of a crime: 1) Attempted felonies; 2) Frustrated felonies; and 3) Consummated felonies. c. Subjective phase vs Objective phase Each felony under the Revised Penal Code has a “subjective phase,” or that portion of the acts constituting the crime included between the act which begins the commission of the crime and the last act performed by the offender which, with prior acts, should result in the consummated crime. After that point has been breached, the subjective phase ends and the objecti...