Practice question
A thief completes an unlawful taking with all theft elements present, then regrets the act and returns the property. He invokes spontaneous desistance as if it necessarily converts the completed theft into no offense. Which is best?
- Desistance is not an automatic eraser of a consummated offense; completion of theft must be assessed before considering any distinct legal effect of later restitution
- Every return retroactively makes taking lawful
- Later regret always means no taking occurred
- Theft is not complete until the property is sold
- The offender may personally repeal the completed offense
Legal references
- Revised Penal Code Article6; Valenzuela GR160188: https://lawphil.net/judjuris/juri2007/jun2007/gr_160188_2007.html
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