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There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense. A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. - Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. Grave felonies, less grave felonies and light felonies.
- Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code.
This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.
Civil interdiction, Indemnification, Forfeiture or confiscation of instruments and proceeds of the offense, Payment of costs. Chapter Three DURATION AND EFFECTS OF PENALTIES Section One. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. Period of preventive imprisonment deducted from term of imprisonment.
That there be no other practical and less harmful means of preventing it. An imbecile or an insane person, unless the latter has acted during a lucid interval. Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. That the crime be committed with the aid of armed men or persons who insure or afford impunity. The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. Title Two PERSONS CRIMINALLY LIABLE FOR FELONIES Article 16. - The following are criminally liable for grave and less grave felonies: 1.
While being public officers or employees, should commit an offense in the exercise of their functions; or 5.
Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. - The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: may have held even if conferred by popular election. The deprivation of the right to vote in any election for any popular office or to be elected to such office. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.