Art. 41. Reclusion perpetua and reclusion temporal. — Their accessory penalties.

— The
penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil
interdiction for life or during the period of the sentence as the case may be, and that of
perpetual absolute disqualification which the offender shall suffer even though pardoned as to
the principal penalty, unless the same shall have been expressly remitted in the pardon.

Art. 42. Prision mayor — Its accessory penalties. — The penalty of prision mayor, shall carry
with it that of temporary absolute disqualification and that of perpetual special
disqualification from the right of suffrage which the offender shall suffer although pardoned
as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

Art. 43. Prision correccional — Its accessory penalties. — The penalty of prision correccional
shall carry with it that of suspension from public office, from the right to follow a profession
or calling, and that of perpetual special disqualification from the right of suffrage, if the
duration of said imprisonment shall exceed eighteen months. The offender shall suffer the
disqualification provided in the article although pardoned as to the principal penalty, unless
the same shall have been expressly remitted in the pardon.

Art. 44. Arresto — Its accessory penalties. — The penalty of arresto shall carry with it that of
suspension of the right too hold office and the right of suffrage during the term of the
sentence.
● Outline of accessory penalties inherent in principal penalties
1. death – if not executed because of commutation or pardon
1. perpetual absolute disqualification
2. civil interdiction during 30 years (if not expressly remitted in the pardon)
3. civil interdiction for life or during the sentence
4. perpetual absolute disqualification (unless expressly remitted in the pardon)
5. temporary absolute disqualification
6. perpetual absolute disqualification from suffrage (unless expressly remitted in the
pardon)
7. suspension from public office, profession or calling
8. perpetual special disqualification from suffrage if the duration of the imprisonment
exceeds 18 months (unless expressly remitted in the pardon)
2. RP and RT
3. PM
4. PC
● The accessory penalties in Art 40-44 must be suffered by the offender, although
pardoned as to the principal penalties. To be relieved of these penalties, they must be
expressly remitted in the pardon.
● No accessory penalty for destierro

● Persons who served out the penalty may not have the right to exercise the right of
suffrage. For a prisoner who has been sentenced to one year of imprisonment or more
for any crime, absolute pardon restores to him his political rights. If the penalty is less
than one year, disqualification does not attach except if the crime done was against
property.
● The nature of the crime is immaterial when the penalty imposed is one year
imprisonment or more.
● The accessory penalties are understood to be always imposed upon the offender by the
mere fact that the law fixes a certain penalty for the crime. Whenever the courts
impose a penalty which by provision of law, carries with it other penalties, it’s
understood that the accessory penalties are also imposed.
● the accessory penalties do not affect the jurisdiction of the court in which the
information is filed because they don’t modify or alter the nature of the penalty
provided by law. What determines jurisdiction in criminal cases is the extent of the
principal penalty w/c the law imposes of the crime charged.
● the MTC has exclusive jurisdiction over offenses punishable with imprisonment of not
exceeding 4 years and 2 months or a fine of not more than 4000 or both regardless of
other imposable accessory or other penalties.

Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. — Every
penalty imposed for the commission of a felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government, unless they be property of a third person not liable for the offense, but those
articles which are not subject of lawful commerce shall be destroyed.
● every penalty imposed carries with it the forfeiture of the proceeds of the crime and the
instruments or tools used in the commission of the crime
● proceeds and instruments/tools of the crime are confiscated in favor of the government

● 3rd persons’ (not liable for the offense) property is not subject to confiscation and
forfeiture
● property not subject of lawful commerce (whether it belongs to accused or 3 rd person)
shall be destroyed.
● can’t confiscate/forfeit unless there’s a criminal case filed and tried, and accused is
acquitted.
● must indict 3rd person to order confiscation of his property

● instruments of the crime belonging to innocent 3rd person may be recovered

● confiscation can be ordered only if the property is submitted in evidence or placed at

the disposal of the court
● articles which are forfeited – when the order of forfeiture is already final, can’t be
returned even in case of an acquittal
● confiscation and acquittal are additional penalties. Where the penalty imposed did not
include the confiscation of the goods involved, the confiscation & forfeiture of said
goods would be an additional penalty and would amount to an increase of the penalty
already imposed, thereby placing the accused in double jeopardy.
● when the accused has appealed, confiscation and forfeiture not ordered by the trial
court may be imposed by the appellate court
● the government can’t appeal the modification of a sentence if the defendant did not
appeal. But if the defendant appeals, it removes all bars to the review and correction of
the penalty imposed by the court below, even if an increase thereof should be the
result.

Art. 46. Penalty to be imposed upon principals in general. — The penalty prescribed by law for
the commission of a felony shall be imposed upon the principals in the commission of such
felony.
Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as
applicable to the consummated felony.
● The penalty prescribed by law in general terms shall be imposed:

a upon the principals

b for consummated felony

● Exception: when the law fixes a penalty for the frustrated or attempted felony.
Whenever it is believed that the penalty lower by one or two degrees corresponding to
said acts of execution is not proportionate to the wrong done, the law fixes a distinct
penalty for the principal in the frustrated or attempted felony.
● The graduation of penalties refers to:

a stages of execution (consummated, frustrated, attempted)

b degree of the criminal participation of the offender (principal, accomplice, accessory)

● the division of a divisible penalty (min, med, max) refers to the proper period of the
penalty which should be imposed when aggravating or mitigating circumstances attend
the commission of the crime.
Art. 47. In what cases the death penalty shall not be imposed. — The death penalty shall be
imposed in all cases in which it must be imposed under existing laws, except in the following
cases:
1. When the guilty person be more than seventy years of age.
2. When upon appeal or revision of the case by the Supreme court, all the members
thereof are not unanimous in their voting as to the propriety of the imposition of the death
penalty. For the imposition of said penalty or for the confirmation of a judgment of the
inferior court imposing the death sentence, the Supreme Court shall render its decision per
curiam, which shall be signed by all justices of said court, unless some member or members
thereof shall have been disqualified from taking part in the consideration of the case, in
which even the unanimous vote and signature of only the remaining justices shall be required.
● whenever the judgment of the lower court imposes the death penalty, the case shall be
determined by 10 justices of the court. When 10 justices fail to reach a decision (as to
the propriety of the imposition of the death penalty), the penalty next lower in degree
than the death penalty shall be imposed.
● Death penalty not imposed in the ff cases:

a) when the person is more than 70 years old at time RTC sentenced him

b) when upon appeal or revision of the case by the SC, 10 justices are not unanimous in their
voting

c) when the offender is a minor under 18 yrs of age. Why? Because minority is always a
mitigating circumstance

● Justification for the death penalty: social defense and exemplarity. Not considered cruel
and unusual because does not involve torture or lingering death.
● Crimes where death penalty is imposed:

a) treason

b) certain acts of espionage under Commonwealth Act 616

c) correspondence w/ hostile country when it contains notice or information and the intention
of the offender is to aid the enemy

d) qualified piracy

e) certain violations of the Anti-subversion act

f) parricide

g) murder

h) kidnapping and serious illegal detention

i) robbery w/ homicide

j) rape w/ homicide

k) when death resulted from the commission of arson or other crime involving destruction

● trial court must require the prosecution to present evidence, despite plea of guilty,
when the crime charged is punished by death. A sentence of death is valid only if it is
susceptible of a fair and reasonable examination by the court. This is impossible if no
evidence of guilt was taken after a plea of guilty.

Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave or less
grave felonies, or when an offense is a necessary means for committing the other, the penalty
for the most serious crime shall be imposed, the same to be applied in its maximum period.
● The 2 or more grave or less grave felonies must be the result of a single act, or an
offense must be a necessary means to commit the crime.
 ● Complex crime – one crime only as there is only one criminal intent – only one
information need be filed.

Plurality of crimes – consists in the successive execution, by the same individual, of different criminal
acts, upon any of which no conviction has yet been declared.

Kinds of plurality
1. Real or material plurality – different crimes in law, as well as in the conscience of the
offender; the offender shall be punished for each and every offense that he committed
2. Material or ideal plurality – only one criminal liability

In a complex crime, although 2 or more crimes are actually committed, they constitute only one crime
in the eyes of the law as well as in the conscience of the offender.

The offender has only one criminal intent, hence there is only one penalty imposed for the commission
of a complex crime.

2 kinds of complex crimes:

a) compound crime (delito compuesto)– single act constitutes 2 or more grave or less grave
felonies

Requisites:

1) that only one single act is committed by the offender

2) that the single act produces

a) 2 or more grave felonies

b) one or more grave and one or more less grave felonies

c) 2 or more less grave felonies

b) complex crime proper (delito complejo) – when an offense is a necessary means for
committing another

Requisites:

1) that at least 2 offenses are committed

2) that one or some of the offenses must be necessary to commit the other

3) that both or all the offenses must be punished under the same statute

● No single act in the following cases:

a) When 2 persons are killed one after the other, by different acts, although these 2 killings
were the result of a single criminal impulse, the different acts must be considered as distinct
crimes.

b) When the acts are wholly different, not only in themselves, but also because they are
directed against 2 different persons, as when one fires his gun twice in succession, killing one and
injuring the other.

● Light felonies produced by the same act should be treated and punished as separate
offenses or may be absorbed by the grave felony.

Examples:

a) several light felonies resulting from one single act – not complex
Juan hit Pedro’s car, resulting in several light injuries and light felony of damage to property. No
complex crime because the crime of slight physical injuries and damage to property are light
felonies. There are as many crimes as there are persons injured w/ light physical injuries and as
many penalties as there are light felonies committed, even though they are produced by a single
act of the offender.

b) when the crime is committed by force or violence, slight physical injuries are absorbed.

Examples of complex crimes:

a) Juan was a barangay captain who was killed while discharging his duty, the crime is a
complex crime of homicide w/ assault upon a person of authority.

b) Juan raped Petra, causing her physical injuries w/c required a month’s worth of medical
attention. This is a complex crime of rape w/ less serious physical injuries. The injuries were
necessary to the commission of the rape.

● when in obedience to an order, several accused simultaneously shot many persons,

without evidence how many each killed, there is only a single offense, there being a
single criminal impulse.
● when various acts are executed for the attainment of a single purpose w/c constitutes
an offense, such acts must be considered only as one offense.

Example: Juan falsified 100 warehouse receipts from April to June which enabled him to swindle
the bank of 100 million. There’s only one complex crime of estafa through multiple falsification of
documents.

● There is no complex crime of arson w/ homicide

Example: Juan lit a cigarette as he poured gas in the tank of his car in his garage. The gas caught
fire and the house burned. His sister died and the maid suffered serious physical injuries. The
crimes of arson, homicide, serious physical injuries and damage to property constitute a complex
crime. There is only one penalty but there are 3 civil liabilities.

● No complex crime when one of the offenses is penalized by a special law

Example of complex crime proper (at least 2 crimes must be committed):

Kidnapping the victim to murder him in a secluded place – ransom wasn’t paid so victim was
killed. Kidnapping was a necessary means to commit murder. But where the victim was taken from
his home for the sole purpose of killing him and not for detaining him illegally or for the purpose
of ransom, the crime is simple murder.

● “Necessary means” does not mean “indispensable means”. Indispensable would mean it
is an element of the crime. The crime can be committed by another mean. The means
actually employed (another crime) was merely to facilitate and insure the consummation
of the crime.

When in the definition of a felony, one offense is a means to commit the other, there is no complex
crime.

Ex. Murder committed by means of fire. Murder can be qualified by the circumstance of fire so no
complex crime even if Art 321 and 324 punishes arson. It’s plain and simple murder.

● Not complex crime when trespass to dwelling is a direct means to commit a grave
offense. Like rape, there is no complex crime of trespass to dwelling with rape. Trespass
will be considered as aggravating (unlawful entry or breaking part of a dwelling)

No complex crime when one offense is committed to conceal another

Example: Juan set the school on fire after committing homicide. 2 crimes.
 ● When the offender had in his possession the funds w/c he misappropriated, the
falsification of a public or official document involving said funds is a separate offense.
But when the offender had to falsify a public or official document to obtain possession of
the funds w/c he misappropriated, the falsification is a necessary means to commit the
malversation.
● There is no complex crime of rebellion with murder, arson, robbery or other common
crimes. They are mere ingredients of the crime of rebellion – absorbed already.

When 2 crimes produced by a single act are respectively within the exclusive jurisdiction of 2 courts of
different jurisdiction, the court of higher jurisdiction shall try the complex crime.

Example: Although the forcible abduction which was supposedly commenced in Manila was not
proven, and although the rape which was proven was actually committed in Cavite, still the RTC
of Manila had jurisdiction to convict the accused of rape. The complex crime of forcible abduction
with rape was charged in the complaint on the basis of which the case was tried.

● Art. 48 is intended to favor the culprit.

● The penalty for complex crime is the penalty for the most serious crime, the same to be
applied in its maximum period. If the different crimes resulting from one single act are
punished with the same penalty, the penalty for any one of them shall be imposed, the
same to be applied in the maximum period. The same rule shall be observed when an
offense is a necessary means to commit the other.
● A complex crime of the second form may be committed by two persons.

● But when one of the offenses, as a means to commit the other, was committed by one of
the accused by reckless imprudence, the accused who committed the crime by reckless
imprudence is liable for his acts only.

Example: Juan cooperated in the commission of the complex offense of estafa through
falsification by reckless imprudence by acts without which it could not have been accomplished,
and this being a fact, there would be no reason to exculpate him from liability. Even assuming he
had no intention to defraud Tomas if his co-defendants succeeded in attaining the purpose sought
by the culprits, Juan’s participation together w/ the participation of his co-defendants in the
commission of the offense completed all the elements necessary for the perpetration of the
complex crime of estafa through falsification of documents.

● When two felonies constituting a complex crime are punishable by imprisonment and
fine, respectively, only the penalty of imprisonment shall be imposed.
● When a single act constitutes two grave or less grave or one grave and another less
grave, and the penalty for one is imprisonment while that for the other is fine, the
severity of the penalty for the more serious crime should not be judged by the
classification of each of the penalties involved, but by the nature of the penalties.

Example: Even if the fine for damage to property through reckless imprudence is P1.4M, an
afflictive penalty, and the penalty for the physical injuries resulting from the same act is only 4
mos of arresto mayor, a correccional penalty may be imposed.

● In the order of severity of the penalties, arresto mayor and arresto menor are
considered more severe than destierro and arresto menor is higher in degree than
destierro.
● Fine is not included in the list of penalties in the order of severity and it is the last in
the order.
● Art 48 applies only to cases where the Code doesn’t provide a specific penalty for a
complex crime.

Art 48 doesn’t apply when the law provides one single penalty for single complex crimes like the ff:

a) robbery w/ homicide
b) robbery w/ rape

c) kidnapping w/ serious physical injuries

d) rape w/ homicide

● When a complex crime is charged and one offense is not proven, the accused can be
convicted of the other.
● Plurality of crimes – consists in the successive execution by the same individual of
different criminal acts upon any of w/c no conviction has yet been declared.

Kinds of plurality of crimes:

a) formal or ideal – only one criminal liability

b) real or material – there are different crimes in law as well as in the conscience of the
offender, in such cases, the offender shall be punished for each and every offense that he
committed.

Example: Juan stabbed Pedro, then Juan stabbed Tomas too. There are 2 committed as 2 acts
were performed.

PLURALITY OF CRIMES RECIDIVISM

There must be conviction by final judgment of

No conviction of the crimes committed the first prior offense

Formal/ideal plural crimes are divided into 3 groups: (a person committing multiple crimes is punished
w/ one penalty in the ff cases)

a) when the offender commits any of the complex crimes defined in art 48

b) when the law specifically fixes a single penalty for 2 or more offenses committed: robbery
w/ homicide, kidnapping w/ serious physical injuries

c) when the offender commits continued crimes (delito continuado)

● Continued crimes – refers to a single crime consisting of a series of acts but all arising
from one criminal resolution. Although there is a series of acts, there is only one crime
committed, so only one penalty shall be imposed.

Examples of continued crimes:

a) a collector of a commercial firm misappropriates for his personal use several amounts
collected by him from different persons. There is only one crime because the different and
successive appropriations are but the different moments during which one criminal resolution
arises.

b) Juan stole 2 books belonging to 2 different persons. He commits only one crime because
there is unity of thought in the criminal purpose of the offender.

● A continued crime is not a complex crime as offender does not perform a single act but a
series of acts. Therefore:

a) penalty not to be imposed in the maximum

b) no actual provision punishing a continued crime – it’s a principle applied in connection w/ 2

or more crimes committed w/ a single intention.

● Continued crime is different from a transitory crime. Transitory crime is “moving

crime”.
Example: kidnapping someone for ransom and moving him to another venue. The offenders can be
prosecuted and tried in either of the 2 areas.

REAL/MATERAIAL PLURALITY CONTINUED CRIME

There is a series of acts performed by the

offender Same

Each act performed constitutes a separate Different acts constitute only one crime
crime because each act is generated by a because all of the acts performed arise from
criminal impulse one criminal resolution.

NO COMPLEX CRIMES IN THE FOLLOWING CASES:

1. In case of continued or continuous crimes

2. When one offense is committed to conceal the other
3. When the other crime is an indispensable part or an element of the other
offenses
4. Where one of the offenses is penalized by a special law
5. When the provision provides for a two-tiered penalty like usurpation of
property, malicious procurement of search warrant , bribery, maltreatment
of prisoners

IN complex crime, offender is deemed less perverse than when he commits said crimes thru
separate and distinct acts.

When 2 crimes produced by a single act are respectively within the exclusive jurisdiction of 2
courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime.

When 2 felonies constituting a complex crime are punishable by imprisonment and fine,
respectively, only the penalty of imprisonment should be imposed. Reason. Fine not included in
the list of penalties in the order of severity and it’s the last in the graduated scales.

No complex crime of Estafa thru Falsification of Private Document as both crimes require damage
as an element which if used for one renders the other incomplete, hence the query is as to which
crime was committed first.

If falsification is committed as a means to commit estafa, the proper crime to be charged is

falsification. If estafa can be committed without the necessity of falsifying a document, the
proper crime to be charged is estafa.

ART. 48 does not apply to Acts Penalized Under Article 365 of RPC

Art. 48 is a procedural device allowing single prosecution of multipole felonies falling under either
of the two categories/kinds. The legislature crafted this procedural tool to benefit the accused
who, in lieu of serving multiple penalties, will only serve the maximum of the penalty for the most
serious crime.

IN contrast, Article 365 is a substantive rule penalizing not an act defined as a felony but “the
mental attitude xxxx behind the act, the dangerous recklessness, lack of care or foresight xxxxx”,
a single mental attitude regardless of the resulting consequences. Thus, Article 365 was crafted as
one quasi-crime resulting in one or more consequences. Art 48 is incongruent to the notion of
quasi crimes under Art 365. It is conceptually impossible for a quasi-offense to stand for 1 signle
act constituting 2 or more grave or less grave felonies; OR an offense which is a necessary means
for committing another.

This ruling secures for the accused facing an Art 365 charge a stronger and simpler protection of
their constitutional right under the double jeopardy clause. True, they are thereby denied the
beneficent effect of the favorable sentencing formula under Art 48 but any disadvantage thus
caused is more than compensated by the certainty of non-prosecution for quasi-crime effects
qualifying as light offenses (or as here, for the more serious consequence prosecuted belatedly). It
is so minded, Congress can re-craft Art 365 by extending to quasi-crimes the sentencing formula of
Art 48 so that only the most severe penalty shall be imposed under a single prosecution of all
resulting acts, whether penalized as grave, less grave or light offenses. This will still keep intact
the distinct concept of quasi-offenses. (Ivler vs San Pedro, GR 172716, 2010).

RULES IN ART. 48 are NOT applicable:

1. When the crimes subject of the case have common elements

2. When the crimes involved are subject to the rule of absorption of one crime by the
other
3. When the two offenses resulting from a single act are specifically punished as a
single crime such as less serious physical injuries with serious lander by deed, since
this is punished under ‘art 265 par. 2, as a single crime of less serious physical
injuries with ignominy
4. In a special complex crimes or composite crimes
5. When the crimes involved cannot be legally complexed, viz:
● Malicious obtention or abusive service of search warrant with perjury

● Bribery in the custody of prisoners

● Maltreatment of prisoners with serious physical injuries

● Usurpation of real rights with serious physical injuries

● Abandonment of persons in danger and crimes against minors with any

other felony.

SPECIAL COMPLEX CRIMES- those which are treated as single indivisible offenses although
comprising more than one specific crime and with specific penalty. These refer to 2 or more
crimes that the law treats as a single indivisible and unique offense for being the product of single
criminal impulse (People vs Dela Cruz)

ExampleS:

● Rape with homicide (homicide must always be consummated otherwise separate offense.
Rape may either be consummated or attempted. ; victim of killing may be other person
not the rape victim)
● Kidnapping with homicide

● Kidnapping with rape (offender should not have taken the victim with lewd designs,
otherwise, it would be complex crime of forcible abduction with rape)
● Robbery with homicide (additional homicide not aggravating)

● Robbery with rape (additional rape not aggravating

THERE IS NO CRIME of ARSON with (Multiple) Homicide

● If the main objective is the burning of the building or edifice, but death results by reason
or on the occasion of arson, the crime is simply arson and the resulting homicide is
absorbed.
● If the main objective is to kill a particular person who may be in a building or edifice,
when fire is resorted to as the means to accomplish such goal, the crime committed is
murder only
● If the objective is to kill a particular person and in fact the offender has already done so,
but fire is resorted to as a means to cover up the killing, then there are two separate and
distinct crimes committed- homicide/murder and arson.

ORDINARY COMPLEX CRIME ART 48 SPECIAL COMPLEX CRIME OR COMPOSITE CRIME

Made up of 2 or more crimes punished in Made up of two or more crimes which are
distinct provisions of RPC but alleged in one considered only as components of a single
 Information indivisible offense being punished in one
provision of RPC

Penalty for the most serious crime shall be Penalty provided for special complex crime
imposed in its maximum period shall be applied

CONTINUOUS CRIME (delito continuado)- single crime consisting of series of acts, all arising from
one criminal resolution; length of time in the commission is immaterial

REQUISITES:

1. Mutiplicity of acts
2. Unity of criminal purpose or intent, and
3. Unity of criminal offense violated

Continued or continuous crime is not a complex crime because the offender in continued crime
does not perform a single act, but a series of acts, and one offense is not a necessary means for
committing the other.

REAL OR MATERIAL PLURALITY CONTINUED CRIME

There is a series of acts performed by the There is a series of acts performed by the
offender offender

Each act performed by the offender The different acts constitute only one crime,
constitutes a separate crime, each act is all of the acts performed arise from one
generated by a criminal impulse criminal resolution.

Art. 49. Penalty to be imposed upon the principals when the crime committed is different
from that intended. — In cases in which the felony committed is different from that which the
offender intended to commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than that
corresponding to the offense which the accused intended to commit, the penalty
corresponding to the latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding
to the one which the accused intended to commit, the penalty for the former shall be
imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the
acts committed by the guilty person shall also constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for either of the latter offenses, in which case
the penalty provided for the attempted or the frustrated crime shall be imposed in its
maximum period.
● 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 applicable only in cases when there is a mistake in identity of the victim of the
crime 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.

Example: Juan only wanted to inflict a wound upon Pedro but because he lost control of his right
arm, he killed Pedro. Art 49 not applicable.
 ART 49 ART 48

Lesser penalty to be imposed in its maximum Penalty for the more serious crime shall be
pd imposed in its maximum pd
Notes:
1. Art. 49 has reference to Art. 4(1). It applies only when there is error in personae.
2. In Art. 49 (Paragraphs 1 and 2) the lower penalty in its maximum period is always
imposed.
3. 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. 50. Penalty to be imposed upon principals of a frustrated

crime. — The penalty next lower in degree than that prescribed by law for the consummated
felony shall be imposed upon the principal in a frustrated felony.