A, in a public place, fired his gun at B with the intention of killing B, but the gun did not fire because the bullet is a dud. The crime is: (1%)
(A) attempted homicide
(B) grave threat
(C) impossible crime
(D) alarm and scandal
Suggested answer only. Not an official answer and not legal advice.
The crime committed is (C) impossible crime. Under Article 4(2) of the Revised Penal Code, an impossible crime is committed by any person performing an act which would be an offense against
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Quick check
What crime is committed when a person fires a gun at another with intent to kill, but the bullet fails to explode because it is a dud?
Firing a firearm loaded with a dud bullet to kill someone constitutes an impossible crime due to ineffectual means.
Under Article 4(2) of the Revised Penal Code, what are the two types of impossibility that characterize an impossible crime?
Article 4(2) of the RPC encompasses both legal impossibility and physical impossibility in accomplishing the offense.
Why does pulling the trigger of a firearm loaded with a dud bullet NOT constitute attempted homicide?
Attempted homicide requires an act that would produce a felony, whereas ineffectual means result in an impossible crime.
What is the primary rationale behind penalizing an impossible crime under the Revised Penal Code?
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Which element is indispensable for an act to be classified as an impossible crime under Article 4(2) RPC?
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Learn more about these topics
1. Impossible Crime
Under Article 4, paragraph 2 of the Revised Penal Code, an impossible crime is committed by any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. The penalty for an impossible crime is imposed to punish the criminal propensity or dangerous demeanor of the offender, even though no actual harm or felony against persons or property was successfully consummated.
2. Ineffectual Means
Under Article 4(2) of the Revised Penal Code, ineffectual means refer to instruments, devices, or methods employed by an offender that are inherently incapable of producing the intended unlawful result. Pulling the trigger of a firearm loaded with a defective or dud cartridge is a classic illustration of employing ineffectual means. Because the bullet cannot detonate or discharge, the intended killing of the victim cannot be physically accomplished, converting what would have been attempted homicide into an impossible crime.
3. Inherent Impossibility
Under Philippine criminal law, inherent impossibility in an impossible crime may be either legal or physical. Physical impossibility occurs when an extraneous circumstance unknown to the actor prevents the accomplishment of the intended crime against persons or property. When an offender aims and fires a handgun at a targeted victim with intent to kill, but the weapon fails to discharge solely due to a dud bullet, physical impossibility prevents the consummation of the felony.