COMPLEX CRIME AND SPECIAL COMPLEX CRIME

One of the difficult areas in the study of criminal law is the concept on complex crime. Many law
students (or even bar reviewees) fail to distinguish complex crimes from special complex crimes.
And this is one of the favorite sources of bar exam questions.
What is complex crime? What are the two kinds of complex crime? How does this differ from special
complex crimes?
Complex crime
It is provided in Article 48 of our Revised Penal Code that when a single act constitutes two or more
grave or less grave felonies or when an offense is a necessary means for committing the other, the
penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.
Article 48 is a procedural device allowing single prosecution of multiple felonies falling under either
of two categories: (1) when a single act constitutes two or more grave or less grave felonies (thus
excluding from its operation light felonies); and (2) when an offense is a necessary means for
committing the other. The legislature crafted this procedural tool to benefit the accused who, in lieu
of serving multiple penalties, will only serve the maximum of the penalty for the most serious crime.
In a complex crime, although two or more crimes are actually committed, they constitute only one
crime in the eyes of the law as well as in the conscience of the offender. Hence, there is only one
penalty imposed for the commission of a complex crime.
There are two kinds of complex crimes:
(a) Compound crime. There is a compound crime when a single act constitutes two or more grave or
less grave felonies. The classic example of the first of kind is when a single bullet results in the death
of two or more persons, or the single act of throwing a grenade resulting in the death of another
person and injuring four others produced the complex crime of murder and multiple attempted
murders.
(b) Complex crime proper. There is a complex crime proper when an offense is a necessary means
for committing the other. This refers to a situation that the offender commits a crime to insure and
facilitate the commission of another crime. The first crime is resorted to give way to another crime.
While there may be two component crimes, both felonies are animated by and result from one and
the same criminal intent for which there is only one criminal liability. That is the concept of a
complex crime. In other words, while there are two crimes, they are treated only as one, subject to a
single criminal liability. The case of estafa through falsification of public document would illustrate
this point. While a conviction for estafa through falsification of public document requires that the
elements of both estafa and falsification exist, it does not mean that the criminal liability for estafa
may be determined and considered independently of that for falsification. The two crimes of estafa
and falsification of public documents are not separate crimes but component crimes of the single
complex crime of estafa and falsification of public documents.
Special Complex Crime (also called Composite Crimes)
Where the law provides a single penalty for two or more component offenses, the resulting crime is
called a special complex crime. It is composed of two or more crimes but is treated by law as a single
indivisible and unique offense for being the product of one criminal impulse. composite crimes are
neither of the same legal basis as nor subject to the rules on complex crimes in Article 48 of the
Revised Penal Code, since they do not consist of a single act giving rise to two or more grave or less
grave felonies (compound crimes) nor do they involve an offense being a necessary means to commit
another (complex crime proper). However, just like the regular complex crimes, only a single penalty
is imposed for each of such composite crimes although composed of two or more offenses.
Distinctions
There are three distinctions:
First, as to composition of the crimes. In a composite crime, the composition of the offenses is fixed
by law, but in a complex or compound crime, the combination of the offenses is not specified but
generalized, that is, grave and/or less grave, or one offense being the necessary means to commit the
other.
Second, as to penalty. In a composite crime, the penalty for the specified combination of crimes is
specific, but in a complex or compound crime the penalty is that corresponding to the most serious
offense, to be imposed in the maximum period.
Third, as to the treatment of light felony. A light felony that accompanies the commission of a
complex or compound crime may be made the subject of a separate information, but a light felony
that accompanies a composite crime is absorbed.
Illustration
Pedro, a jilted suitor of Maria, abducted the latter. In the course of captivity, he made a last-ditch
attempt to win her heart. However, his efforts were futile. Then, he raped her three times. What crime
was committed by Pedro? He committed the complex crime of Forcible Abduction with Rape and
two (2) counts of rape. In this complex crime, any subsequent intercourse is a separate crime. In the
first rape, the crime of forcible abduction is already consummated, so that each of the succeeding
rape is a separate crime.
On the other hand, if Pedro abducted Maria for purposes of demanding ransom from her family, and
in the course of captivity, he raped her three times. Pedro committed the crime of Kidnapping with
rape only. What about the two rapes? They will be absorbed in the Kidnapping with rape. Why? In
special complex crime, no matter how many rapes had been committed, the resultant crime is only
one kidnapping with rape. This is because these composite acts are regarded as a single indivisible
crime and the law punishes it with only one single penalty.
How do you know whether the abduction constitutes the crime of Forcible Abduction, on one hand,
and Kidnapping, on the other?
Simple. In abduction, there is always an element of lewd design which is not so in kidnapping. Lewd
design is an element that characterizes all crimes against chastity, apart from the felonious or
criminal intent of the offender.
So, next time, find out whether lewd design attended the abduction. In so doing, you will be able to
know if the crime is a complex or special complex one.
Reference: F.M. Nojara, Criminal Law Concepts and Jurisprudence, Book 1, 2020 Edition. Central
Bookstore , Inc.