No. V. a. Distinguish between an accomplice and a conspirator.

(10%)

SUGGESTED ANSWER:

The distinction between an accomplice and a conspirator are:

1. An accomplice incurs criminal liability by merely cooperating in the execution of the crime
without participating as a principal, by prior or simultaneous acts; whereas a conspirator
participates in the commission of a crime as a co-principal.

2. An accomplice incurs criminal liability in an individual capacity by his act alone of

cooperating in the execution of the crime; while a conspirator incurs criminal liability not only
for his individual acts in the execution of the crime but also for the acts of the other
participants in the commission of the crime collectively. The acts of the other participants in
the execution of the crime are considered also as acts of a conspirator for purposes of
collective criminal responsibility.

3. An accomplice participates in the execution of a crime when the criminal design or plan is
already in place; whereas a conspirator participates in the adoption or making of the
criminal design.

4. An accomplice is subjected to a penalty one degree lower than that of a principal;

whereas a conspirator incurs the penalty of a principal.

COMPLEX CRIMES
-at least two crimes are committed
-a complex crime is only one crime; only one penalty is imposed
Delito Continuado or CONTINUED CRIME: a single crime, consisting of a
series of acts but all arising from one criminal resolution
-set foot by a single impulse
-NOT a complex crime: offender does not commit only a single act but a
series of acts
-not being a complex crime, the penalty should not be imposed in its
maximum period