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Consummated, Frustrated, Attempted
Consummated, Frustrated, Attempted
Consummated, Frustrated, Attempted
On Criminal Law
ART.6
STAGES OF EXECUTION:
1. CONSUMMATED – when all the elements necessary for its execution and accomplishment
are present
2. FRUSTRATED
Elements:
a. offender performs all acts of execution
b. all these acts would produce the felony as a consequence
c. BUT the felony is NOT produced
d. by reason of causes independent of the will of the perpetrator
3. ATTEMPTED
Elements:
a. offender commences the felony directly by overt acts
b. does not perform all acts which would produce the felony
c. his acts are not stopped by his own spontaneous desistance
In the jewelry section of a big department store, Julia snatched a couple of bracelets and put these in her
purse. At the store's exit, however, she was arrested by the guard after being radioed by the store personnel
who caught the act in the store's moving camera. Is the crime consummated, frustrated, or attempted?
Suggested Answer:
The crime is consummated theft because the taking of the bracelets was complete after Julia succeeded in
putting them in her purse. Julia acquired complete control of the bracelets after putting them in her purse;
hence, the taking with intent to gain is complete and thus the crime is consummated.
Sunshine, a beauteous "colegiala" but a shoplifter, went to the Ever Department Store and proceeded to the
women's wear section. The saleslady was of the impression that she brought to the fitting room three (3)
pieces of swimsuits of different colors. When she came out of the fitting room, she returned only two (2]
pieces to the clothes rack. The saleslady became suspicious and alerted the store detective. Sunshine was
stopped by the detective before she could leave the store and brought to the office of the store manager.
The detective and the manager searched her and found her wearing the third swimsuit under her blouse and
pants. Was the theft of the swimsuit consummated, frustrated, or attempted? Explain.
Suggested Answer:
The theft was consummated because the taking or asportation was complete. The asportation is complete
when the offender acquired exclusive control of the personal property being taken: in this case, when
Sunshine wore the swimsuit under her blouse and pants and was on her way out of the store. With evident
intent to gain, the taking constitutes theft, and being complete, it is consummated. It is not necessary that
the offender is in a position to dispose of the property,
Alternative Answer:
The crime of theft was only frustrated because Sunshine has not yet left the store when the offense was
opportunely discovered and the article seized from her. She does not have yet the freedom to dispose of the
swimsuit she was taking (People vs. Dino, CA 45 O.G. 3446). Moreover, in case of doubt as to whether it
is consummated or frustrated, the doubt must be resolved in favor of the milder criminal responsibility.