An impossible crime is committed when a person performs an act that would be a crime against persons or property, with evident criminal intent, but the act does not produce a felony because of the inherent impossibility of its accomplishment or the employment of inadequate or ineffectual means. The classic examples are firing at a person who, unknown to the offender, was already dead, or putting a substance believed to be poison (but actually harmless) into someone's food. Although no crime results, the law punishes the offender for their criminal tendency and dangerousness, imposing a lighter penalty (arresto mayor or a fine). The requisites are: the act would have been a crime against persons or property; it was done with evil intent; its accomplishment was inherently impossible or the means were inadequate or ineffectual; and the act does not fall under any other provision of the Code. It is punished not for the result (there is none) but for the offender's criminal propensity.
Can you be punished for a crime that could never have succeeded? Surprisingly, yes — through the concept of the impossible crime.
What It Is
An impossible crime is committed when a person performs an act that would be a crime against persons or property, with evident criminal intent, but no felony results because of:
- The inherent impossibility of accomplishing it; or
- The employment of inadequate or ineffectual means.
Classic Examples
- Firing at a person already dead (unknown to the offender) — the killing was impossible because the victim was already deceased; and
- Putting a substance believed to be poison, but actually harmless, into someone's food — the means were ineffectual.
In both, the offender fully intended the crime; it simply could not happen.
Why It Is Punished at All
Since no crime resulted, why punish? The law punishes the offender for their criminal tendency and dangerousness — the willingness to commit the crime, revealed by the act. The penalty is therefore light (arresto mayor or a fine), reflecting that the punishment is for the propensity, not a result.
The Requisites
For an impossible crime, these must concur:
- The act would have been a crime against persons or property;
- It was done with evil intent;
- Its accomplishment was inherently impossible, or the means were inadequate or ineffectual; and
- The act does not fall under any other provision of the Revised Penal Code.
Impossible Crime vs. Attempt
An attempt fails because of a cause outside the offender that interrupts an otherwise possible crime. An impossible crime fails because the crime was never possible to begin with (the victim was already dead, or the means could never work). That distinction determines which concept applies.
Practical Takeaways
- An impossible crime punishes evident criminal intent carried out by an act that could not produce a felony;
- It applies only to crimes against persons or property, with a light penalty for the offender's dangerousness;
- It differs from an attempt — the crime was impossible from the start, not merely interrupted.
Frequently Asked Questions
What is an impossible crime? It is committed when a person, with criminal intent, performs an act that would be a crime against persons or property, but no felony results due to the inherent impossibility of accomplishing it or the use of inadequate or ineffectual means.
Can you give an example of an impossible crime? Firing at a person who was already dead, unknown to the offender, or putting a substance believed to be poison but actually harmless into someone's food. The offender intended the crime, but it could not happen.
Why is an impossible crime punished if no crime results? The law punishes the offender for their criminal tendency and dangerousness, revealed by the act. The penalty is light (arresto mayor or a fine) because it is for the propensity, not a result.
How is an impossible crime different from an attempt? An attempt fails because of a cause outside the offender that interrupts an otherwise possible crime. An impossible crime fails because the crime was never possible to begin with.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.