Вы находитесь на странице: 1из 3

Article 16 - concerned about persons criminally liable for grave and less grave felonies The taxonomy of offender

r and the classification of principals all presuppose the absence of a conspiracy. Because when there is conspiracy, the act of one is the act of all. Therefore it is not necessary to determine the extent of offense of one another. Article 16 and 17 all presuppose the absence of conspiracy

Article 17 Corporations as a general rule cannot commit crimes. There must be a law defining and penalizing particular crimes as to corporations. Otherwise an officer acting in behalf of the corporation cannot be sued for such acts. Examples of provisions that punish officers criminally liable for certain corporate acts (book) Principal by direct participation He participates in the criminal resolution. He personally takes part in the commission of the crime by prior or simultaneous acts. Principal by inducement He presupposes that the principal is determined to commit the crime, he clungs to his determination, he uses ...... (book) there must be a direct relation between the inducement and the crime committed. Principal by indispensable cooperation concurs with the criminal resolution with the principal by direct participation.

Article 18 Distinction between conspirators and accomplices the conspirator has knowledge of the criminal resolution because he is the author of the crime. The accomplice participates only in such a minor degree......conspirator ... (book) U.S vs. Flores, People vs. Dela Serna The liability of an accomplice cannot be predicated on the performance of a mere act, unless.....

Article 19 Accessories Accessories are those who have knowledge in the commission of the

Accomplice participates in the crime prior to the commission o The three acts o Profiting themselves or assisting the principal to profit by the effects of the crime one that is the direct, natural, logical, consequence of the crime Concealing or destroying the body effects of the crime for the purpose of preventing its discovery concealing can be done by destruction. In the same way, destruction can be done by concealing. The body refers to the substantial facts that the crime has been committed. It is also penalized as an obstruction of justice Harbouring, concealing, or assisting.

Two kinds of accessory: public official, private individual Paragraph 1 should always be correlated with PD 1612. A fence is not an accessory, or one who deals with a stolen item. How do you distinguish a fence from accessory, under article 19, an accessory is a natural person. An accessory has knowledge of the commission of the crime. In fencing, it is not required that the fence knew of the criminal origins of the item. It is enough that he should have known about the origin of the item. Accesoryship refers to any crime as long as it is not a light felony. In fencing it is limited to the crimes of robbery or theft. An accessory can be prosecuted and convicted even if the principal had not yet been prosecuted or arrested, convicted, or prosecuted, is limited to accessories under paragraphs 1 and 2 but not in paragraph 3..... People vs. Parlam (wrong) Paragraph 2, there are two alternative modes of being an accessory: o Concealing or destroying the body effects of the crime for the purpose of concealing its discovery.

Obstruction of justice (book)

Article 20 accessories exempted from penalty by reason of relationship. The relationship between step parents and step children fall in the same category as ascendants and descendants.

Вам также может понравиться