COMPLEX CRIMES

-at least two crimes are committed

-a complex crime is only one crime; only one penalty is imposed

Two kinds:
1. COMPOUND CRIME: a single act constitutes two or more grave or less grave
felonies
2. COMPLEX CRIME PROPER: offense is necessary means for committing the
other

1.COMPOUND
a. only one single act is performed by the offender
b. produces (1) 2 or more grave felonies
(2) one or more grave felonies and one or more less grave felonies
(3) two or more less grave felonies
People vs. GUILLEN:
Single act: throwing hand grenade
Product: murder and multiple attempted murder
TWO OR MORE GRAVE OR LESS GRAVE FELONIES.
-Light felonies produced by the same act: (1)treated and punished as separate
offenses (several light felonies) or (2) absorbed by the grave felony.

Applicable to crimes through negligence.

2.COMPLEX CRIME PROPER

a.at least two offenses are committed
b. one or some of the offenses: necessary to commit the other
c. all of the offenses are punishable under same statute.

Necessary means =/= Indispensable means

Indispensable: ingredient of the crime (part of act/s of execution)

The offender, in executing various acts, must have a single purpose.

There is NO complex crime…
-when in the definition of a felony one offense is a means to commit the other
(murder qualified by means of fire which by itself is arson)
-when one offense is committed to conceal the other (not necessary means)
-when one of the offenses is penalized by a special law (example: homicide and
illegal possession of firearms)
-when two or more crimes are committed but a) not by a single act or b) one is not
a necessary means for committing the other
-of rebellion with murder, arson, robbery or other common crimes

PENALTY: penalty for the most serious crime applied in its maximum period

SPECIAL COMPLEX CRIMES

PLURALITY OF CRIMES
Successive execution by the same individual of different criminal acts upon any of
which no conviction has yet been declared.
KINDS:
1.FORMAL OR IDEAL- one criminal liability
a) complex crimes under art 48
b) law specifically fixes a single penalty for two or more offenses committed (ex:
robbery with homicide)
c) continued crime
2.REAL OR MATERIAL- there are different crimes in law as well as in the
conscience of the offender

-recidivism (there must be conviction with final judgment)

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

TRANSITORY CRIME: different from continued in criminal procedure to

determine venue
-“moving crime”