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Law100 - Two Kinds of Complex Crimes 1 Compound C
Law100 - Two Kinds of Complex Crimes 1 Compound C
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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
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