Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Complex Crime Notes

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

Art.

48 – Penalty for complex crimes - When a  Placing a time bomb in a plane, which
single act constitutes two or more grave or less caused it to explode in mid-air, killing
grave felonies, or When an offense is a 13 persons therein, constitutes
necessary means for committing the other, the complex crime of multiple murder and
penalty for the most serious crime shall be destruction of property. (People v.
imposed, the same to applied in its maximum Largo, 99 Phil. 1061-1062)
period. (As amended by Act No. 4000.)  Several shots from a submachine gun
causing several deaths, caused by a
single act of pressing the trigger,
Two types of Complex Crimes: considered a complex crime.
o Firing a revolver twice in
1. Compound Crime – “When a single act
succession, resulting to the
constitutes two or more grave or less
death of a man and injuring the
grave felonies.”
other, would not constitute a
2. Complex Crime Proper – “When an
complex crime but a penalty
offense is a necessary means for
for two distinct crimes. Though
committing the other.”
there is a single criminal
impulse, the injury of the other
should be resulted from the
COMPOUND CRIME same bullet that killed the
Requisites of Compound Crime: other.

1. Single act is performed


2. Single act produces (1) two or more TWO OR MORE GRAVE OR LESS GRAVE
grave felonies, or (2) one or more grave FELONIES
and one or more less grave felonies, or
(3) two or more less grave felonies. o Light felonies produced by the same
act should be treated and punished as
separate offenses or may be absorbed
SINGLE ACT IS PERFORMED by the grave felony.

 Throwing of hand grenade producing o Several light felonies from one


murder and multiple attempted single act – not complex.
murder. (People v. Guillen, 85 Phil. 307,
318) (Ex. Collision between automobiles driven in a
o Murder is committed when a careless and negligent manner, resulting in the
person is killed by means of slight physical injuries of the passengers and
explosion. (Art. 248) light felony of damage to property, there is no
 Penalty is death, the complex crime, because the crime of slight
maximum of the physical injuries, as well as that of damage to
penalty for murder, property, is a light felony.)
which is the graver  When the crime is committed by force or
offense. violence, slight physical injuries are
absorbed.
(Ex. Where the person authority or his agent,
who was attacked while in the performance of
his duty, suffered slight physical injuries only,
the crime of such is absorbed in the crime of
direct assault.)

Reason for the ruling: That slight physical


injuries are the necessary consequence of the
force or violence inherent in the crimes of direct
assault and rape.

 RAPE WITH HOMICIDE IS SPECIAL


COMPLEX CRIME NOT COVERED BY
ARTICLE 48

You might also like