DIFFERENCE OF ACCOMPLICE AND CONSPIRATOR
ACCOMPLICE CONSPIRATOR
Knowledge of the They know and agree with the
criminal design of the criminal design. They come to know
principal it after the principals have reached
the decision and only then do they
agree to cooperate in its execution.
Participation Accomplices are mere instrument
who perform acts not essential to
the commission of the crime.
Penalty One degree lower than that of a
principal.
Prerequisite 1. The community of criminal
design; that is, knowing the
criminal design of the principal
by direct participation, he
concurs with the latter in his
purpose; and
2. The performance of previous or
simultaneous acts that are
indispensable to the commission
of the crime.
They know of and join in the criminal
design. They know the criminal
intention because they themselves
have decided upon such course of
action.
Conspirators are the authors of the
crime.
Same as principal.
Note: Conspiracy alone is not
punishable except in cases where the
law specifically prescribes a penalty
therefor.
1. That two or more persons came to
agreement;
2. That the agreement concerned the
commission of a crime; and
3. That the execution of the felony
was decided upon