Penalties, plurality of crimes Flashcards
Penalty for complex crimes
penalty for the most serious crime shall be imposed, the same to be applied in its maximum period
Compound crime/delito compuesto
single act constitutes two or more grave or less grave felonies
Complex crime proper/delito complejo
offense is a necessary means to commit the other
Compound crimes, elements:
- single act committed by the offender
- resulted in two or more grave/less grave felonies
- penalty provided for is for the most serious in the maximum period
ex. single bullet killing two victims
Complex crimes proper
When one offense is necessary to commit another. The two crimes thus committed comprise one complex crime. The first offense is committed to insure and facilitate the commission of the next crime.
When commission of two crimes will not result to complex crimes proper:
- a crime to conceal another
- a crime which is an element of the other where the former will be absorbed by the latter
- a crime which has the same element as the other crime committed
- first crime is incidental to the intentional commission of the second crime
Composite crimes/special complex crimes
crimes in the eyes of the law are treated as single indivisible offenses although in reality they are made up of more than one crime.
Examples: robbery with homicide, robbery with rape, robbery with serious physical injuries, arson with homicide
Continued crimes/ delito continuado
impelled by a single criminal impulse, commits a series of overt acts at about the same time in about the same place and all the overt acts violate one and the SAME provision of law.
Example: Theft of cows belonging to diff owners at the same place and time
Continuing crime
offense which is continuing in time; where any of the elements of the offense was committed in different localities, such that the accused may be indicted in any of localities
Examples: Rebellion, insurrection, conspiracy, proposal to commit
