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Principals
2.
act
Those who directly force or induce others to commit
3.
it
Those who cooperate in the commission of the
not
require
paragraph
exists
if,
at
the
time
of
the
purpose
Conspiracy
fellow conspirators
Co-conspirator:
Criminal Responsibility includes the acts of his fellow
conspirators
b)
WHEN
OR
MORE
confession
It is not essential that there be proofs as to the
objective
ARE
They
resolution
(Conspiracy)
Two or more persons are said to have participated in
participated
in
the
criminal
apparently
independent,
were
in
fact
the
criminally liable.
When there is conspiracy, it is not necessary to
conspirators is immaterial
In multiple rapes, each rapist is equally liable for the
other rapes.
Participation in anothers criminal resolution must
joint responsibility
- Simultaneity is not a badge of
through negligence
In cases of criminal negligence punishable by
of wills
EXCEPTION TO CONSPIRACY
material executors
double murder
murder.
In the crime of murder where treachery is an
THE
SECOND
REQUISITE
IS
1)
2)
liable
The material executor is not criminally liable because
as
guard
commit a crime:
a) By using irresistible force
b) By causing uncontrollable fear
crime.
Exception: Ehen there is no conspiracy or
unity of criminal purpose and intention
indicating in the criminal resolution mere
by
direct
2)
INDUCEMENT
-
crime
That the inducement be made directly with the
intention of procuring the commission of the crime
A thoughtless expression without intention
direct participation
By using words of command
the others.
The reason for this exception: that by
induced
Possesor of recently stolen property is a principal
2)
by
participation,
the
that
principal
is,
by
without
direct
such
3)
committed.
Inducement exists if the command or advice
is
of
such
nature
that
without
its
materialized.
The inducement must precede the act
induced and must be so influential in
5)
2)
participation
Offender who
should
3)
and
as
efficacious
or
the
crime.
principal by inducement
Principal by inducement:
Involves any crime
Offender who made proposal
to
be punishable
EFFECTS OF ACQUITTAL OF PRINCIPAL BY
DIRECT PARTICIPATION UPON THE LIABILITY OF
A PRINCIPAL BY INDUCEMENT
1) Conspiracy is negative by the acquittal
commit
commit a felony:
Must only involve treason or rebellion to
not
to
offense.
It must appear that the inducement
result.
The inciting words must have great
proposal
thereof.
BY USING WORDS OF COMMAND:
It must be the moving cause of the
made
commit a felony:
The mere proposal to commit a felony is
commit a crime
Principal by inducement:
Becomes liable only when the crime is
committed by the principal by direct
and
2)
4)
2)
of the co-defendant
One cannot be held guilty of having
2)
inducement
-Reason for
the
acquittal
of
the
rule:
principal
In
by
exempting
accomplished
COOPERATE
-
REQUISITES
1)
in
the
the
cooperation
is
accomplice
It should not be the act of one who could be
classified as principal by direct participation.
criminal
sufficient
by direct participation
Principal by indispensable cooperation
him.
When there is no pretension that there was any
conspiracy between the accused nor concerted action
pursuant to a common criminal design between them,
each is responsible only for the responsibility of his
own acts.