Flashcards in Art.8 Conspiracy & Proposal to Commit Felony Deck (7)
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.
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
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
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:
•Rebellion or insurrection
➢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
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.
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