Complex Crime: Meaning
Quick answer
A complex crime is a case where two or more crimes are punished together with one penalty. Under Article 48 of the Revised Penal Code, it happens when one act makes two or more grave or less grave felonies, or when one crime is committed as a necessary means to commit another. The court imposes the penalty for the most serious crime, in its maximum period.
Also called: Complex felony, Concurso de delitos
What does Article 48 say?
The text, as amended by Act No. 4000 (1932):
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.
See the full explanation of Article 48.
What are the two kinds of complex crimes?
| Kind | What happens | Words of Article 48 |
|---|---|---|
| One act, several felonies | A single act produces two or more grave or less grave felonies | "a single act constitutes two or more grave or less grave felonies" |
| Necessary means | One crime is committed in order to commit another | "an offense is a necessary means for committing the other" |
Grave and less grave felonies are defined by their penalties in Article 9. Grave felonies carry penalties that are afflictive in any of their periods. Less grave felonies carry penalties that are correctional in their maximum period. Light felonies are not covered by the first kind.
Why is it called "complex"?
Because the offender is punished once for several crimes. In Carungcong v. People (2010), the Supreme Court said that under Article 48, the formal plurality of crimes (concursus delictuorum or concurso de delitos) "gives rise to a single criminal liability and requires the imposition of a single penalty." The case involved estafa through falsification of public documents, a complex crime of the second kind.
How is the penalty chosen?
The court looks for the most serious of the crimes and imposes its penalty in the maximum period. Most prison penalties are divided into a minimum, a medium and a maximum period; Article 48 points to the top one. See the table of the duration of penalties.
When is it not a complex crime?
- [Reckless imprudence](/law/glossary/reckless-imprudence). In Ivler v. Modesto-San Pedro (2010), the Supreme Court held that Article 48 "is incongruent to the notion of quasi-crimes under Article 365". One careless act is one offense, prosecuted once, and each result is penalized as Article 365 provides.
- Crimes the Code already combines. Some combinations have their own article and penalty. For example, Article 294 sets a specific penalty when homicide is committed by reason or on occasion of a robbery.
Example
Made-up illustration: Nina forges a public document to make it look like she owns a lot, then uses it to get money from a buyer. The falsification was a necessary means to commit the estafa. A court may treat this as the complex crime of estafa through falsification of a public document and impose one penalty, that of the more serious crime, in its maximum period. See falsification of documents and estafa. How the crimes are charged is set out by the prosecutor and decided by the court.
Which provisions use this term?
Which Supreme Court rulings are relevant?
Frequently asked questions
What is a complex crime in simple words?
Under Article 48 of the Revised Penal Code, it is either a single act that makes two or more grave or less grave felonies, or an offense committed as a necessary means to commit another. The offender gets one penalty, not one for each crime.
What penalty is imposed for a complex crime?
Article 48 says the penalty for the most serious crime is imposed, applied in its maximum period.
What are the two kinds of complex crimes?
The first is a single act that produces two or more grave or less grave felonies. The second is a crime committed as a necessary means for committing another, such as estafa through falsification of a public document.
Is reckless imprudence that causes several injuries a complex crime?
No. In Ivler v. Modesto-San Pedro (2010), the Supreme Court held that Article 48 is incongruent to the notion of quasi-crimes under Article 365. All the results of one reckless act are prosecuted in one case, and each is penalized as Article 365 provides.
Does the relatives' exemption for theft and estafa cover a complex crime?
No. In Carungcong v. People (2010), the Supreme Court held that Article 332 covers only the simple crimes of theft, swindling and malicious mischief, not a complex crime such as estafa through falsification of public documents.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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