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FRUSTRATED FELONY
Elements of Frustrated Felony
1. The offender performs all the acts of execution
- nothing more is left to be done, because he has performed
the last act necessary to produce the crime
- if the victim survives, the crime is frustrated
2. All the acts performed would produce the felony as a
consequence
- all the acts of execution performed by the offender could
have produced the felony as a consequence
- it is necessary for the frustration of the same that a mortal
wound is inflicted
3. But the felony is not produced
- the acts performed by the offender do not produce the
felony, because if the felony is produced it would be
consummated
4. By reason of causes independent of the will of the perpetrator
- if the crime is not produced because of the timely
intervention of a third person, it is frustrated.
- If the crime is not produced because the offender himself
prevented its consummation, there is no frustrated felony,
for the 4th element is not present (by reason of causes
independent of the will of the perpetrator)
There is no frustration due to inadequate or ineffectual means,
because such a frustration is placed under impossible attempt.
Frustrate felony distinguished from attempted felony
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