Practice question
During an attack, offenders inflict injuries but freely stop before the further acts needed for the intended killing offense. No rescuer or external obstacle intervenes. Serious physical injuries are independently established. They claim that spontaneous desistance requires complete acquittal of every possible offense. Which is best?
- Every completed injury necessarily disappears
- Spontaneous desistance always grants total immunity
- The victim’s injuries are legally irrelevant
- The court must automatically convict of attempted killing regardless of the stopping cause
- The desistance may defeat the attempted-killing theory on the stipulated facts while liability for the completed serious physical injuries remains
Legal references
- Peñaranda v.People, GR214426, December2,2021: https://lawphil.net/judjuris/juri2021/dec2021/gr_214426_2021.html
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