Definition of Complex/Compound Crime
A complex or compound crime refers to specific instances of plurality of crimes covered by Article 48 of the Revised Penal Code. This article governs situations where multiple offenses are committed, but are treated as a single crime with a single criminal liability and consequently, a single penalty. This concept contrasts with real plurality (delito continuado), which involves distinct offenses resulting from a series of acts despite a single criminal resolution.
Types of Complex/Compound Crimes under Article 48
Article 48 of the Revised Penal Code defines two distinct ways a complex crime can arise:
- Single Act Constituting Two or More Grave or Less Grave Felonies: This occurs when one single physical act performed by the offender directly results in the commission of two or more grave or less grave felonies. The single impulse or intent behind the act leads to multiple criminal consequences.
- One Offense Necessary Means for Committing Another: This occurs when a grave or less grave felony is committed as a necessary means to commit another grave or less grave felony. The law regards these as constituting a single crime.
Treatment and Penalty
In both types of complex crimes under Article 48, the law imposes a single penalty. This penalty is that prescribed for the most serious offense, applied in its maximum period. The concept dictates that the offenses are treated as one crime, not separate ones.
Special Complex Crimes
A distinct category within complex crimes is referred to as "Special complex crimes" or "Composite crimes". These are specific combinations of offenses explicitly defined and penalized as single, indivisible felonies by the Revised Penal Code. Examples include robbery with homicide, robbery with rape, kidnapping with serious physical injuries, kidnapping with murder or homicide, and rape with homicide. In these instances, the component felonies are integrated into one indivisible felony, such as robbery with homicide. The principle is that the constituent crimes are absorbed into the special complex crime.