Practice question
Does a weapon jam that externally prevents further execution by itself establish spontaneous desistance?
- Yes; every mechanical failure is a freely chosen retreat.
- The weapon decides the offender’s conscience.
- No.
- An equipment defect necessarily proves voluntary abandonment.
- The cause of stopping is irrelevant.
Legal references
- Revised Penal Code, Articles 6-8 and 304-305 (cited provisions): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- Penaranda v. People, G.R. No. 214426, December 2, 2021, main decision: https://lawphil.net/judjuris/juri2021/dec2021/gr_214426_2021.html
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