Penalty When Crime Committed Different Than Intended
On Criminal Law
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.
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.
Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.