Light felonies are punishable only when they have been consummated. -those who directly force or induce others to commit it. Principals: 1. By direct participation 2. By inducement 3. By indispensable cooperation.
Light felonies are punishable only when they have been consummated. -those who directly force or induce others to commit it. Principals: 1. By direct participation 2. By inducement 3. By indispensable cooperation.
Light felonies are punishable only when they have been consummated. -those who directly force or induce others to commit it. Principals: 1. By direct participation 2. By inducement 3. By indispensable cooperation.
1. Light felonies are punishable only when they have been consummated. 2. Light felonies committed against persons or property are punishable. 3. Only principals and accomplices are liable for light felonies. 4. Accessories are not liable for light felonies.
-those who directly force or induce others to
commit it. - Crime must be committed
Art. 17. Principals:
1. by direct participation 2. by inducement 3. by indispensable cooperation
2. by directly inducing another to commit a crime
a. By giving price, or offering reward or promise b. By using words of command
Par. 1. by direct participation
Requisites: Participated in the criminal resolution Carried out their plan and personally took part in its execution by acts which directly tended to the same end.
Requisites: 1. The inducement be made directly with the intention of procuring the commission of the crime.
First requisite: Participation in the criminal
resolution - Conspiracy at the time of the commission of the crime - Conspiracy: o The accused had the same purpose and were united in its execution. o Arises on the very instant the plotters agree, expressly or impliedly, to commit the felony and forthwith decide to pursue it. o Must be established by positive and conclusive evidence. - Co-principal by conspiracy o He performed an overt act in furtherance of the conspiracy o Lending moral assistance to his co-conspirators by being present at the scene of the crime o Exerting moral ascendancy over the rest of the conspirators. Unity of purpose and intention in the commission of the crime: a. Spontaneous agreement b. Active cooperation by all offenders in the perpetration of the crime c. Contributing by positive acts to the realization of a common criminal intent d. Presence during the commission of the crime by a band and lending moral support thereto e. acceptance of the role assigned to him. Second Requisites: Principals by direct participation -he must be at the scene of the commission of the crime, personally taking part in its execution Par. 2 Principals by Inducement
Ways of becoming principal by induction:
1. by directly forcing another to commit a crime a. by using irresistible force b. by causing uncontrollable fear.
2. Inducement be the determining cause of the
commission of the crime by the material executor. - The inducement must precede the act induced and must be so influential in producing the criminal act that without it, the act would not have been performed. Requisites (Using words of command) 1. The one uttering the words of command must have the intention of procuring the commission of the crime. 2. The one whom made the command must have an ascendancy or influence over the person who acted. 3. The words used must be so direct, so efficacious, so powerful as to amount to physical or moral coercion. 4. Words of command uttered prior to the commission of the crime 5. Material executor of the crime has no personal reason to commit the crime