Criminal Law Update: Stages of Crimes Part 1

STAGES OF CRIMES

Article 6 defines those three stages, namely the consummated, frustrated and attempted felonies. A felony is consummated “when all the elements necessary for its execution and accomplishment are present.” 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.” Finally, it is attempted “when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.”

(People vs. Villanueva, G.R. No. 160188, June 21, 2007)

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