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Principal By Indispensable Cooperation


Art.17 Par. 3 – Principal by indispensable cooperation

   Requisites:
   1. Participation in the criminal resolution, that is, there is
      either anterior conspiracy or unity of criminal purpose and
      intention immediately before the commission of the crime
      charged; and
 
   2. Cooperation in the commission of the offense by performing
      another act, without which it would not have been accomplished.

   MEANING OF “cooperation in the commission of the offense”
      - To desire or wish in common a thing. But that common will
        or purpose does not necessarily mean previous understanding,
        for it can be explained or inferred from the circumstances
        of each case.

   NOTE: If the cooperation is not indispensable, the offender is
   only an accomplice.

   Collective Criminal Responsibility:
      - This is present when the offenders are criminally liable
        in the same manner and to the same extent. The penalty to
        be imposed must be the same for all.

        Principals by direct participation have collective
        criminal responsibility. Principals by induction, (except
        those who directly forced another to commit a crime) and
        principals by direct participation have collective criminal
        responsibility. Principals by indispensable cooperation
        have collective criminal responsibilities with the
        principals by direct participation.

   Individual Criminal Responsibility:
      - In the absence of any previous conspiracy, unity of
        criminal purpose and intention immediately before the
        commission of the crime, or community of criminal design,
        the criminal responsibility arising from different acts
        directed against one and the same person is considered as
        individual and not collective, and each of the participants
        is liable only for the act committed by him.

      - QUASI-COLLECTIVE criminal responsibility: Some of the
        offenders in the crime are principals and the others are
        accomplices.

    What is the essence of being a principal by indispensable
    cooperation:
       - The focus is not just on participation but on the
         importance of participation in committing the crime.
       - The basis is the importance of the cooperation to the
         consummation of the crime.
            - If the crime could hardly be committed without such
              cooperation, then such cooperation would bring
              about a principal.
            - If the cooperation merely facilitated or hastened
              the consummation of the crime, this would make the
              cooperator merely an accomplice.

   In case of doubt, favor the lesser penalty or liability. Apply
   the doctrine of pro reo.











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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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