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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Criminal Law

A person is under a legally imposed duty to perform an act, but an objectively insuperable obstruction actually prevents performance despite available lawful efforts. The required prevention is fully established. A prosecutor says the Code never recognizes impossibility of performance. Which is sound?

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A duty can always be physically performed regardless of facts. Article 12(7) expressly requires consideration of the proved lawful or insuperable cause. The provision excludes every insuperable cause. Only the prosecutor’s preference controls.

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