Article
18. Accomplices.
Accomplices
are the persons who, not being included in the Article 17, cooperate in the
execution of the offense by previous or simultaneous acts
Quasi Collective Criminal
Responsibility. Some of the offenders in the crime are principals and others are
accomplices.
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Accomplices
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Conspirators
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Know
and agree with the criminal design
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Know
and agree with the criminal design
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Know
the criminal intention after the principals have reached the decision
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Decide
to commit the offense
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Instruments
who perform acts not essential to the perpetration of offense
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Authors
of a crime
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Assent
to the plan and cooperate in its accomplishment
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Decide
that a crime should be committed
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When is a
person considered as an accomplice?
1. community of design, which means that the
accomplice knows of, and concurs with, the criminal design of the principal by
direct participation; and
2. the performance by the accomplice of previous or
simultaneous acts that are not indispensable to the commission of the crime.
How can an accomplice
acquires knowledge of the criminal design of the principal?
1.
When the principal informs or tells the accomplice of the former's
criminal purpose.
2.
When the accomplice saw the criminal acts of the principal
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Accomplice
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Principal by direct participation
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Does
not take direct part and does not force or induce others to commit the crime
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Took direct
part in the commission of the crime, force or induce others to commit the
crime
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Principal by cooperation
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Cooperation
not indispensable
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Cooperation
is indispensable
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Principal by direct participation
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Community
of criminal design
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Community
of criminal design
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Between
principals and accomplices, no conspiracy
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Between/among
principals, there is conspiracy
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No
clear cut distinction between the acts of the accomplice
and of the principal by D.P. in case of doubt,
it shall be resolved
resolved
in favor of lesser responsibility
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