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Session 2

Art. 8 Conspiracy and Proposal

Elements:
-

There is an agreement
The participants acted in concert or simultaneously manner
A meeting of the minds towards a common criminal goal or criminal objective.

NB: implied conspiracy becomes an aggravating circumstance in an felonies acts.

Ex. Bank robbery.

Proposal
Elements:
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A person has decided to commit a crime

He proposes its commission to another

Rule: A proposal can be a conspiracy when there is an agreement and the participants acted in concert
and simultaneous manner having a common goals to commit a felonies acts.

Kinds of Conspiracy
1.
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Conspiracy as a crime.
Treason
insurrection
espionage
sedition
piracy

General Rule: mere proposal of conspiracy is a punishable as a crime.

2. Conspiracy as a manner of incurring criminal liabilities.
- The mere act of proposal conspiracy is not punishable but a basis of incurring criminal liabilities.
NB. The legal effect of conspiracy is to determine the punishment of a crime committed.

Multiple Offenders

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Recidivism
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The offender in the time of his trial for one crime is convicted and performs another crime
embrace in the same title.

Reiteracion
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The previous crime and the new crime must be in the same penalty.

Habitual Delinquency
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That a person with in 10 years from the date from his last conviction committed a crime for the
third time.
o Serious or less serious physical injury
o Robbery
o Theft
o Staffa or falsification

General rule:
All HD can be considered recidivist. But not all recidivists can be considered HD
Quasi- Recidivism
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Can be only committed in person in jail. Commit a new felony.

Complex Crime (abberatio ictus)

Art. 48. Penalty for complex crimes. When a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing the other, the penalty for the most
serious crime shall be imposed, the same to be applied in its maximum period.