By using our site, you agree to our collection of information through the use of cookies. To learn more, view our Privacy Policy. To browse Academia. The defendant Aurelio Lamahang is before this court on appeal from a decision of the Court of First Instance of Iloilo, finding him guilty of attempted robbery and sentencing him to suffer two years and four months of prision correccional and to an additional penalty of ten years and one day of prision mayor for being an habitual delinquent, with the accessory penalties of the law, and to pay the costs of the proceeding.
When dealing with attempts to commit a crime against life and limb, it is not always easy to distinguish between mere preparatory conduct and criminal attempt. This contribution seeks to first outline some issues which arise when trying to set a clear demarcation line between those two phases of iter criminis. What is more, it is argued that the individual-objective theory can be a useful tool for distinguishing between essential and nonessential steps.
In the final part of this contribution, author warns that the individual-objective criteria should not be abused as an instrument for arbitrary extension of criminal attempts towards the field of decriminalized prepa The penal law contains an ensemble of norms; rules of conduit which are enforced by criminal penalties.
The penal law in reagard of theft is mandatory from the moment of its enforcement and it lasts, in time, until its abrogation. During the time of the enforcement, the penal law is active and is applied to all committed offences. Time limitation of the penal law represents an important part of the theory of penal law, first, because the penal law enforcement is limited in time, and second, the offences are committed in relation with the penal law. So, the penal law is applied to all crimes against patrimony offences committed while the penal law is enforced active.
The study also refers to the situation of concurrence of the offencesinregard to theft crimes, the duration and limits of the efficiency of the pe Journal of Constitutional Research Vol.
