Practice question
A prosecutor claims that every felony necessarily has three separately punishable stages, and therefore a person who completed theft but could not dispose of the goods must be convicted of frustrated theft. Which is best?
- The general stage definitions must be applied to each offense’s elements; they do not guarantee a frustrated stage in every felony
- Three stages always exist in every offense
- Theft is never consummated
- Free disposal is always the sole taking element
- A prosecutor’s stage label overrides the statute
Legal references
- Revised Penal Code Article6; Valenzuela GR160188: https://lawphil.net/judjuris/juri2007/jun2007/gr_160188_2007.html
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