Stages of a Crime: From Ideation to Execution

Posted on Oct 13, 2024 in Law & Jurisprudence

Internal Stage

Ideation

This is the initial stage where the offender first conceives the idea of committing a crime.

Deliberation

The offender weighs the pros and cons of committing the crime, considering potential risks and benefits.

Resolution

The offender makes the decision to commit the crime. This internal process is not punishable unless it manifests externally.

External Stage

Preparatory Acts

These are actions taken by the offender to prepare for the crime, such as gathering necessary tools or information. Generally, preparatory acts are not punishable unless specifically defined as crimes by law (e.g., conspiracy).

Punishable Preparatory Acts

In certain cases, the law punishes preparatory acts to better protect specific legal interests. For example, certain actions taken in preparation for theft or drug trafficking may be considered crimes in themselves.

Proposition

According to Article 8 of the Criminal Code, proposing a crime is generally not punishable unless specifically stated by law. Requirements for proposition include:

  1. The proponent must be determined to commit the crime.
  2. The proposed act must constitute a crime or offense.
  3. The proposal must be made to one or more individuals.

The other individual’s response to the proposition does not affect its legal status.

Conspiracy

Conspiracy occurs when two or more individuals agree to commit a crime or offense. It involves planning the execution of the offense, determining each participant’s role, and establishing a timeframe for action. Conspiracy is punishable even if the planned crime is not executed.

Withdrawal from Instigation and Conspiracy

Article 8 of the Criminal Code outlines conditions for avoiding punishment for instigation or conspiracy:

  1. Withdrawal must occur before the execution of the crime begins.
  2. Withdrawal must occur before legal proceedings are initiated.
  3. The individual must report the circumstances to the authorities.

Executive Acts

These are the actions directly involved in carrying out the crime. Imperfect forms of crime (attempt and frustrated crime) occur when the executive acts do not fully achieve the intended result.

Attempt

According to Article 7 of the Criminal Code, an attempt occurs when the offender begins the execution of the crime with direct acts but fails to complete all the necessary elements.

There are different theories regarding the distinction between preparatory and executive acts:

  • Objective Theories: Focus on the nature of the act itself.
  • Subjective Theories: Emphasize the offender’s intent.
  • Mixed Theories: Consider both the act and the intent.
Frustrated Crime

A frustrated crime occurs when the offender completes all the executive acts but the intended result does not occur due to external factors.

Consummated Crime

A consummated crime occurs when all the elements of the crime, including the intended result, are fulfilled.

Theories of Criminal Punishment for Imperfect Crimes
  • Classical Objective Theory: Focuses on the harm or danger caused to the legally protected interest.
  • Subjective Theory: Emphasizes the offender’s rebellious will against the legal system.
  • Mixed Theory: Considers both the objective harm and the subjective intent.

Exhaustion of the Crime

This refers to situations where the offender achieves the intended goal of the crime beyond its basic consummation. For example, killing someone for inheritance and then taking possession of the inheritance.