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Criminal liability, A4 Revised Penal Code

1. Concept

Criminal liability – may be incurred in two ways, via a felony or through an impossible crime.

a. Legal basis

Article 4. Criminal liability. - Criminal liability shall be incurred:

1. By any person committing a felony (delicto) although the wrongful act done be different from that which he intended.

2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.

(Revised Penal Code)

a. How criminal liability is incurred

Criminal liability is incurred:

1) By any person committing a felony (delicto) although the wrongful act done be different from that which he intended.

2) By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. (REVISED PENAL CODE, Article 4)

b. History

Article 4, paragraph 2 is an innovation of the Revised Penal Code. This seeks to remedy the void in the Old Penal Code where: … “it was necessary that the execution of the act has been commenced, that the person conceiving the idea should have set about doing the deed, employing appropriate means in order that his intent might become a reality, and finally, that the result or end contemplated shall have been physically possible. So long as these c...

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