Persons Criminally liable by Mind Map: Persons Criminally liable
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Persons Criminally liable

PRINCIPALS

BY DIRECT PARTICIPATION

Those who are liable:, materially execute the crime, appear at the scene of the crime, non appearance, desistance, Conspiracy is generally not a crime unless the law specifically provides a penalty therefor., no basis for criminal liability, perform acts necessary in the commission of the offense

BY INDISPENSABLE COOPERATION

essence, importance of participation, hardly be committed without such cooperation, not indispensible, merely facilitated or hastened the consummation of the crime, this would make the cooperator merely an accomplice

In case of doubt, favor the lesser penalty or liability. Apply the doctrine of pro reo.

BY INDUCTION

must be strong enough

could not resist.

irresistible force

Ill-advised language is not enough, exc if advise is coming from co-conspirator

liability, liable only when the principal by direct participation committed the act induced, effects of acquittal, Conspiracy is negated, NOne cannot be held guilty

Examples, not induction, Utterance was said in the excitement of the hour, not a command to be obeyed, The shouting must be an irresistible force for the one shouting to be liable., Joint or simultaneous action per se is not indicia of conspiracy without showing of common design

ACCOMPLICES

regarded as an accomplice:

there is a conspiracy, the criminal liability of all will be the same, because the act of one is the act of all., if participation is insignificant, such that even without his cooperation, o the crime would be committed just as well,

traits of an accomplice

does not have a previous agreement or understanding

is not in conspiracy with the principal by direct participation

ACCESSORIES

not criminally liable:

light felony

accessory is related to the principal, when the principal is his: 1. spouse, 2. ascendant, 3. descendant, 4. legitimate, natural or adopted brother, sister or relative by affinity within the same degree., exc, (1) profited by the effects of the crime, or (2) assisted the offender to profit by the effects of the crime

can one not be an accessory

if, He does not know of the commission of the crime, He participated in the crime, He is already a principal or an accomplice

Other instances

Accessory as a fence, Presidential Decree No. 1612 (Anti-Fencing Law)., One who knowingly profits or assists the principal to profit by the effects of robbery or theft (i.e. a fence) is not just an accessory to the crime, but principally liable for fencing, The penalty is higher than that of a mere accessory to the crime of robbery or theft., Mere possession of any article of value which has been the subject of robbery or theft brings about the presumption of “fencing.”, Presidential Decree No. 1612 has, therefore, modified Article 19 of the Revised Penal Code

Acquiring the effects of piracy or brigandage, Presidential Decree 532 (Anti-piracy and Anti-Hghway Robbery Law of 1974), said act constitutes the crime of abetting piracy or abetting brigandage as the case may be,, New node, although the penalty is that for an accomplice, not just an accessory, to the piracy or brigandage, who knowingly and in any manner…, acquires or receives property taken by such pirates or brigands or in any manner derives benefit therefrom…, shall be considered as an accomplice of the principal offenders in accordance with the Rules prescribed by the Revised Penal Code, It shall be presumed that any person who does any acts provided in this Section has performed them knowingly, unless the contrary is proven., Although Republic Act 7659, in amending Article 122 of the Revised Penal Code, incorporated therein the crime of piracy in Philippine territorial waters and thus correspondingly superseding PD 532 o section 4 of said Decree, which punishes said acts as a crime of abetting piracy or brigandage, still stands as it has not been repealed nor modified, and is not inconsistent with any provision of RA 7659.

Destroying the corpus delicti, When the crime is robbery or theft, with respect to the third involvement of an accessory, do not overlook the purpose which must be to prevent discovery of the crime., The corpus delicti is not the body of the person who is killed., NEven if the corpse is not recovered, as long as that killing is established beyond reasonable doubt, criminal liability will arise, If there is someone who destroys the corpus delicti to prevent discovery, he becomes an accessory.

Harboring or concealing an offender, In the fourth form or manner of becoming an accessory, take note that the law distinguishes between:, a public officer harboring, concealing, or assisting the principal to escape, and, a private citizen or civilian harboring, concealing, or assisting the principal to escape.

Whether the accomplice and the accessory may be tried and convicted even before the principal is found guilty, There is an earlier Supreme Court ruling that the accessory and accomplice must be charged together with the principal, if the latter is acquitted, the accomplice and accessory shall also not be criminally liable, unless the acquittal is based on a defense which is personal only to the principal., • This is not true in all cases. ◦ It is not always true that the accomplice and accessory cannot be criminally liable without the principal being first convicted., Under Rule 110 of the Revised Rules on Criminal Procedure, it is required that • all those involved in the commission of the crime • must be included in the information that may be filed., The liability of the accused will depend on the quantum of evidence adduced by the prosecution against the particular accused. • But the prosecution must initiate the proceedings against the principal. Ø Even if the principal is convicted, • if the evidence presented against a supposed accomplice or accessory • does not meet the required proof beyond reasonable doubt, • then said accused will be acquitted., So the criminal liability of an accomplice or accessory does not depend on the criminal liability of the principal but depends on the quantum of evidence, true if, the evidence shows that • the act done does not constitute a crime and, the principal is acquitted, then the supposed accomplice and accessory should also be acquitted, If there is no crime, then there is no criminal liability, whether principal, accomplice, or accessory.

Criminal liability of accessory

Revised Penal Code, Specifies the crimes that should be committed in case a civilian aids in the escape, The offender is the principal or must be convicted of the crime charged, The one who harbored or concealed is an offenderstill an accessory

PD 1829 (Also Known as the law penalizing “Obstruction of Justice”), There is no specification of the crime to be committed by the offender in order that criminal liability be incurred, New node, The offender need not even be the principal or need not be convicted of the crime charged, New node, An offender of any crime is no longer an accessory but is simply an offender without regard to the crime of the person assisted to escape

extras

conspirator v accomplice

They know and agree with the criminal design.

Conspirators know the criminal intention because they themselves have decided upon such course of action.

Accomplices come to know about it after the principals have reached the decision and only then do they agree to cooperate in its execution.

Conspirators decide that a crime should be committed.

Accomplices merely assent to the plan and cooperate in it accomplishment

Conspirators are the authors of a crime

Accomplices are merely instruments who perform acts not essential to the perpetration of the offense.

vs

principal by coopertion, Cooperation is indispensable in the commission of the act.

accomplice, Cooperation is not indispensable in the commission of the act.

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