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Penalty When Crime Committed Different Than Intended


ART. 49:

PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN
THE CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED

RULES:
1. If the penalty for the felony committed be higher than the
   penalty for the offense which the accused intended to commit,
   the lower penalty shall be imposed in its maximum period.
2. If the penalty for the felony committed be lower than the
   penalty for the offense which the accused intended to commit,
   the lower penalty shall be imposed in its maximum period.
3. If the act committed also constitutes an attempt or frustration
   of another crime, and the law prescribes a higher penalty for
   either of the latter, the penalty for the attempted or
   frustrated crime shall be imposed in its maximum period.

NOTES:

Art. 49 has reference to the provision in the 1st par of Art.4
which provides that criminal liability shall be incurred “by any
person committing a felony although the wrongful act done be
different from that which he intended.”

Art. 49 is applicable only in cases when there is a mistake in
identity of the victim of the crime (error in personae) and the
penalty for the crime committed is different from that for the
crime intended to be committed.

Art. 49 also has no application where a more serious consequence
not intended by the offender befalls the same person. In Art. 49,
pars. 1 and 2, the lower penalty in its maximum period is always
imposed.

In Par. 3 the penalty for the attempted or frustrated crime shall
be imposed in its maximum period. This rule is not necessary and
may well be covered by Art. 48, in view of the fact that the same
act also constitutes an attempt or a frustration of another crime.


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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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