Baileyable

ART. 19 ACCESSORIES A. They are referred to as the Accessories Proper or the Accessories- After- the-Fact. This is because their participation in the crime comes only after the crime has been committed by others . It is only then that they enter into the picture. B. Requirement of Scienter: All 3 kinds of accessories require that they must have knowledge of the commission of the crime otherwise they are not liable even if they did an act described in Article 19. I. The First Kind: By profiting themselves or assisting the offender profit by the effects of the crime. A. The effects of the crime includes the property taken as well as the price, promise or reward given as the determining cause of the crime B. “Profiting themselves” include any act of dealing with the property including accepting as a gift, donation, security or purchasing it a lower price. The transaction involving the property however must be mutual and voluntary with whosoever the accessory dealt with otherwi...

  ART. 18. ACCOMPLICES I. Concept: Those persons who, not being included in article 17, cooperate in the execution of the offense by previous or simultaneous acts They are also referred to as the” Accessories Before the Fact”. II. There is no conspiracy between the accomplice and the PDP but there is community of design between them i.e the accomplice knows and is aware of the intent, purpose or design of the PDP. He then concurs, or approves of the intent of the PDP by cooperating in the accomplishment of the purpose through an assistance given the PDP. III. The cooperation of the accomplice is not indispensable in that the crime would still be accomplished even without his cooperation. His cooperation or assistance may facilitate or make easier the commission the crime but the crime would still be accomplished anyway. The acts of the accomplice must however be related to the acts of the PDP but they merely show that the accomplice agrees, approves or concurs with what the P...

  PRINCIPALS BY INDISPENSABLE COOPERATION ( PIC) I. Refers to those who cooperate in the commission of the offense by another act without which it would not have been accomplished. There must be a community of design or common purpose between the PIC and the PDP, but not a conspiracy. The PIC knows or is aware of the intention or purpose of the PDP and he cooperates or concurs in its realization by performing an act without which the offense would not have been accomplished. II. The cooperation may be: A. By moral cooperation such as (i) providing technical advise, expertise on how to execute the crime such as on how to avoid security arrangements (ii) revealing the combination numbers of a bank vault, or the location of warning devices (iii) revealing the whereabouts of a victim: B. By Physical external acts such as: 1. Providing the weapon or tools, or the key to open the building 2. Providing the mode of transportation to enable the accused to reach the place of the ...

  B. PRINCIPALS BY INDUCEMENT (PI)   I. Concept: Those who induce (PDP) to commit a crime either by: (a) force (b). inducement II. The use of force involves the application of either: A. Active force or material force upon the person of the PDP, resulting to serious bodily injury, to such a degree that the PDP is left with no choice but to do as ordered or B. Instilling fear of the commission or infliction of an equal or greater injury or evil either to the PDP or the latter’s family or even to a third person. The PDP may set up the use of force as an exempting circumstance. III. Inducement connotes that there was an agreement or conspiracy between the PI and the PDP. The inducement assumes several forms such as the following A. By the giving of a price, promise or reward. This must be made with the intention of procuring the commission of the crime and not as an expression of appreciation. The same must be the sole reason for the commission of the crime. T...

  ART. 17. PRINCIPALS I. There are three kinds of principals depending on the nature of their participation in the commission of the crime. However, irrespective of what type of principal they belong, their penalty will be the same. They are the following: A. Principal by Direct Participation B. Principal by Indespensable Cooperation C. Principal by Inducement A. BY DIRECT PARTICIPATION (PDP) A. This refers to those who actually and directly take part in the execution of the act. In all crimes there must always be those who actually perform the act which brings about the crime. They may be only one person or more. Whenever there are two or more involved in a crime, it becomes necessary to find out those who actually executed the act so that all may be held equally liable. B. To hold two or more persons as principals by direct participation, it must be shown that there exists a conspiracy between and among them. This is not the conspiracy punished as a crime but the co...

  Principles of Criminal Liability A. To be guilty of a crime, one must commit the crime himself (principal) or if committed by another, he must, in some manner, participate either in its commission ( accomplice) or in the fruits   thereof ( accessory). B. As a rule only natural persons who are alive can beheld criminally liable. The reasons are: (i) The element of mens rea can only be found in natural persons: malice in intentional felonies and indifference in culpable felonies are attributes of natural persons (ii)   juridical persons cannot be arrested (iii) the principal penalties   consisting of deprivation of life or of   liberty, restriction of liberty, deprivation of rights, and the accessory penalties of disqualification, cannot be served by juridical persons. C. When may a juridical entity be held criminally liable? A juridical entity may be prosecuted and held liable if the offense is punishable by a fine. D. For what acts may a juridical pers...