Art.8 Conspiracy & Proposal to Commit Felony Flashcards Preview

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Flashcards in Art.8 Conspiracy & Proposal to Commit Felony Deck (7)
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1

What is ARTICLE 8 of the RPC?

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.

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

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

2

Conspiracy exists when:

1.Two or more persons come to agreement
oPresupposes meeting of the minds of two different parties/individuals

2.Agreement concerned the commission of a felony
o Must refer to commission of a crime
o Agreement to effect or bring about what has been conceived or determined

3.Execution of the felony be decided upon
o Made up their minds to commit it
o Determination to do such

3

CONSPIRACY AS A FELONY V. AS A MANNER OF INCURRING CRIMINAL LIABILITY

• When conspiracy relates to crime actually committed, it is NOT a felony – only incurs criminal liability
• Not (punishable) a separate offense – all involved in the conspiracy are equally liable
• Applies also to treason, rebellion, sedition
• Act one is act of all

4

What is the GENERAL RULE on CONSPIRACY? What are the EXCEPTIONS?

conspiracy/proposal NOT punished. Considered preparatory and not criminal.

*Exception – when specified by law such as conspiracies to commit the following:
•Treason
•Coup d’etat
•Rebellion or insurrection
•Sedition

➢Basically crimes against national security or the law of nations

➢Must not actually be committed; need only to be planned about.

➢If committed, they are not felonies but are punished by special penal laws. Only the conspiracy or proposal to do such are felonies

5

Is DIRECT PROOF needed to prove CONSPIRACY?

Direct proof not needed to prove conspiracy.

Can be judged by the collective acts before, during, and after the commission of the crime.

• All are equally guilty regardless of their role
• Must be proved BRD
• Positive and conclusive evidence needed.

6

What are the Requisites of PROPOSAL to COMMIT FELONY?

REQUISIES OF PROPOSAL
1. Person has decided to commit a felony
2. Proposes execution to other parties
*actual proposal made is enough to incur a felony; does not need acceptance from other people

7

There is no proposal to commit a felony when...

No proposal when:
1. Person is not determined to commit felony
2. No concrete and formal proposal
3. Not the execution of felony proposed