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Article 4 Criminal Liability Shall Be Incurred
Article 4 Criminal Liability Shall Be Incurred
Article 4 Criminal Liability Shall Be Incurred
Felony committed is not the proximate cause of the resulting injury when:
1. there is an active force that intervened between the felony committed and the
resulting injury, and the active force is a distinct act or fact absolutely foreign from the
felonious act of the accused
2. the resulting injury is due to the intentional act of the victim.
Causes, not being efficient intervening causes, do not break the relation of cause and
effect the felony committed and the resulting injury.
The felony committed is not the proximate cause of the resulting injury when:
1. There is an active force that intervened between the felony committed and the
resulting injury, and the active force is a distinct act or fact absolutely foreign from the
felonious act of the accused
2. The resulting injury is due to the intentional act of the victim.
*Since the offender in impossible crime intended to commit an offense against persons
or against property, it must be shown that the actor performed the act with evil intent,
that is, he must have the intent to do an injury to another.
*In impossible crime, the act performed by the offender cannot produce an offense
against persons or property, because:
1. the commission of the offense (against persons or against property) is inherently
impossible of accomplishment
2. the means employed is either (a) inadequate or (b) ineffectual.
Inherent impossibility - means that the act intended by offender is impossible to
accomplish.
2 impossibilities:
1. legal impossibility
2. physical impossibility
Legal impossibility example - A stole B's watch. A then found out after he stole the watch
that it was his watch that he lost before. It is legal impossibility because A cannot steal
something that belonged to him. (presence of criminal tendency)
Physical impossibility example - A tries to pickpocket B. It turned out there was nothing
to steal from his pocket. It is physical impossibility because A tried to steal but there was
nothing to steal from the pockets of B. (presence of criminal tendency)
Inadequate means - Means employed were not sufficient to accomplish the act.
example of inadequate means - A tries to poison B. A put some poison solution onto the
drink of B thinking that it would be enough to kill B. B drinks the beverage but he did not
die because the amount of poison put by A was inadequate. (presence of criminal
tendency)
Ineffectual means - means employed was ineffective to accomplish the act. Still there
was criminal tendency on the part of the offender.
Example - A tried to poison B. A, believing it was a poison solution, put soy sauce on
beverage of B. B drinks it and nothing happens. A employed ineffectual means to poison
B.