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Two kinds of complex crimes 1


compound crime when a

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Document Summary
♣ In complex crime, when the offender executes various
acts, he must have a single purpose.
Generate summary ♣ Subsequent acts of intercourse, after forcible
abduction with rape, are separate acts of rape.
♣ Not complex crime when trespass to dwelling is a
direct means to commit a grave offense.
♣ No complex crime, when one offense is committed to
conceal the other.
♣ When the offender had in his possession the funds
which he misappropriated, the falsification of a public or
official document involving said offense is a separate
offense.
♣ No complex crime where one of the offense is
penalized by a special law.
♣ There is no complex crime of rebellion with murder,
arson, robbery, or other common crimes.
♣ When two crimes produced by a single act are
respectively within the exclusive jurisdiction of two
courts of different jurisdiction, the court of higher
jurisdiction shall try the complex crime.
♣ The penalty for complex crime is the penalty for the
most serious crime, the same to be applied in its
maximum period.
♣ When two felonies constituting a complex crime are
TWO KINDS OF COMPLEX CRIMES punishable by imprisonment and fine, respectively, only
1. COMPOUND CRIME - When a single act the penalty of imprisonment should be imposed.
constitutes two or more grave or less grave ♣ Art. 48 applies only to cases where the Code does not
felonies provide a definite specific penalty for a complex crime.
2. COMPLEX CRIME PROPER - When an offense ♣ One information should be filed when a complex crime
is a necessary means for committing the other. is committed.

COMPOUND CRIME
REQUISITES:
1. That only a SINGLE ACT is performed by
the offender
2. That the single acts produces (a) 2 or
more grave felonies, or (b) one or more
grave and one or more less grave felonies,
or (c) two or more less grave felonies

♣ Light felonies produced by the same act should be


treated and punished as separate offenses or may be
absorbed by the grave felony.
Ex. When the crime is committed by force or
violence, slight physical injuries are absorbed.

♣ Example of compound crime:


- Where the victim was killed while discharging
his duty as barangay captain to protect life and property
and enforce law and order in his barrio, the crime is a
complex crime of homicide with assault upon a person in
authority.

♣ When in obedience to an order several accused


simultaneously shot many persons, without evidence
how many each killed, there is only a single offense,
there being a single criminal impulse.

COMPLEX CRIME PROPER


REQUISITES:
1. That at least two offenses are committed
2. That one or some of the offenses must be
necessary to commit the other
3. That both or all the offenses must be
punished under the same statute.

♣ The phrase “necessary means” does not mean


“indispensable means”

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