Practice question
A person decides to commit a specified felony and privately proposes its execution to a friend, who refuses. No direct execution begins and no law punishes that particular proposal. A prosecutor calls it attempted execution solely because the proposal was definite. Which is best?
- A definite proposal and direct commencement of execution remain distinct; the missing statutory or overt-act basis cannot be assumed.
- Every refused proposal is a completed attempt automatically.
- A proposal always proves the friend’s agreement.
- Refusal automatically creates conspiracy.
- The speaker’s decision eliminates all offense requirements.
Legal references
- Revised Penal Code, Articles 6-8 and 304-305 (cited provisions): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
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