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Criminal Law 1-AQ > Article 48 > Flashcards

Article 48 Flashcards

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1
Q

Title of Art. 48 of the RPC

A

Penalty for complex crimes

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2
Q

What is a complex crime?

A

A single act that constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other

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3
Q

Two kinds of complex crimes (2)

A
  1. When a single act constitutes two or more grave or less grave felonies (Compound Crime)
  2. When an offense is a necessary means for committing the other (Complex Crime Proper)
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4
Q

Requisites of a single act that constitutes two or more grave or less grave felonies (Compound Crime) (2)

A
  1. That only SINGLE ACT is performed by the offender
  2. That the single act produces:
    (1) Two or more grave felones; or
    (2) One or more grave and one or more less grave felonies; or
    (3) Two or more less grave felonies
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5
Q

Is there a complex crime when the single act results into several light felonies?

A

No, they are treated as separate offenses

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6
Q

Can there be a complex crime when criminal negligence is involved?

A

Yes, Art. 48 is applicable to crimes through negligence

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7
Q

Do theft of firearm and illegal possession of same firearm form a complex crime?

A

No, they are two distinct crimes

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8
Q

Requisites for when an offense is a necessary means for committing the other (Complex Crime Proper) (3)

A
  1. That AT LEAST TWO offenses are committed
  2. That one or some of the offenses must be NECESSARY to commit the other
  3. That both or all the offenses must be punished UNDER THE SAME STATUTE
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9
Q

Does the phrase “necessary means” mean “indispensible means”?

A

No, if it were, then it would be an ingredient thereof

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10
Q

Is there a complex crime when one offense is committed to conceal the other?

A

No

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11
Q

Is there a complex crime where one of the offense is penalized by a special law?

A

No

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12
Q

Which court has jurisdiction when two crimes produced by a single act are respectively within the exclusive jurisdiction of two courts of different jurisdictions?

A

The court of higher jurisdiction shall try the complex crime

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13
Q

Is Article 48 intended to favor the culprit?

A

Yes, in a sense it imposes a lower penalty than the aggregate of the of the penalties supposedly imposed

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14
Q

When two felonies constituting a complex crime are punishable by imprisonment and fine, which one should be imposed?

A

Only the penalty of imprisonment

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15
Q

When does article 48 apply?

A

Only to cases where the Code does not provide a definite specific penalty for a complex crime

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16
Q

Should there be two or more informations filed for a complex crime?

A

No, only one information should be filed

17
Q

What is a composite crime?

A

It is also known as special complex crime.
It is composed of two or more crimes that the law treats as a single indivisible and unique offense for being the product of a single criminal impulse.
It is a specific crime with a specific penalty provided by law, and differs from a compound or complex crime under Art. 48 of the RPC

18
Q

Distinguish composite crime from complex or compound crime (3)

A
  1. In a composite crime, the composition of the offense is FIXED BY LAW. In a complex or compound crime, the combinatin of offenses is NOT SPECIFIED BUT GENERALIZED, that is, grave and/or less grave, or on offense being the necessary means to commit the other
  2. For a composite crime, the penalty for the specified combination of crimes is SPECIFIC. For a complex or compound crime, the PENALTY is that corresponding to the MOST SERIOUS OFFENSE, to be imposed in the MAXIMUM period
  3. A light felony that accompanies a composite crime is ABSORBED. A light felony that accompanies the commission of a complex or compound crime may be the subject of a SEPARATE INFORMATION
19
Q

Does Art. 48 apply when the law provides one single penalty for special complex crimes?

A

No

20
Q

Define plurailty of crimes

A

It consists in the SUCCESSIVE EXECUTION by the same individual of different criminal acts upon any of which no conviction has yet been declared

21
Q

Kinds of plurality of crimes (2)

A
  1. Formal or ideal plurality
  2. Real or material plurality
22
Q

What do you mean by formal or ideal plurality of crimes?

A

There is but ONE CRIMINAL LIABILITY in this kind of plurality

23
Q

What do you mean by real or material plurality of cimes?

A

There are different crimes in law as well as in the conscience of the offender. In such cases, the offender shall be punished for EACH AND EVERY OFFENSE that he committed

24
Q

Which kind of plurality of crimes does Art. 48 fall under?

A

Formal or ideal plurality of crimes

25
Q

Distinguish plurality of crimes from recidivism

A

In recidivism, there must be CONVICTION BY FINAL JUDGMENT of the first or prior offense; in plurality of crimes, there is NO CONVICTION of any of the crimes committed

26
Q

The three groups of plural crimes of the formal or ideal type (3)

A
  1. Any of the complex crimes under Art. 48 of the RPC
  2. When the law specifically fixes a single penalty for two or more offenses committed (Special complex crime/Composite Crime)
  3. Continued crimes
27
Q

Define continued crimes

A

Also known as continuous or continuing crimes.
It is a single crime consisting of a series of acts but all arising from one criminal resolution.
A continuing offense is a continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force, however long a time it may occupy

28
Q

Is a continued crime a complex crime?

A

No

29
Q

Is a continued crime the same as a transitory crime?

A

No

30
Q

What is a transitory crime?

A

Also called “moving crime”
It is a mechanism in criminal procedure to determine venue

31
Q

Distinguish real or materiality from continued crime (2)

A
  1. In both, there is a SERIES of acts performed by the offender
  2. In real or material plurality, EACH ACT performed by the offender constitutes a SEPARATE CRIME because each act is generated by a criminal impulse; in continuted crime, the different acts constitute ONLY ONE crime because of all the acts performed arise from ONE criminal resolution

Criminal Law 1-AQ (39 decks)

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