Principal of a Crime: Meaning
Quick answer
A principal is the person the law holds most responsible for a crime. Article 17 of the Revised Penal Code names three kinds: the person who commits the act directly, the person who directly forces or induces someone else to commit it, and the person whose help was so necessary that the crime would not have happened without it. Principals receive the full penalty the law sets for the crime.
Also called: Principal by direct participation, Principal by inducement, Principal by indispensable cooperation
What does Article 17 say?
The following are considered principals:
- Those who take a direct part in the execution of the act;
- Those who directly force or induce others to commit it;
- Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.
See the full explanation of Article 17.
What are the three kinds of principals?
| Kind | What the person does | Key words of Article 17 |
|---|---|---|
| By direct participation | Carries out the act that makes up the crime | "take a direct part in the execution of the act" |
| By inducement | Directly forces or induces another to commit it | "directly force or induce others to commit it" |
| By indispensable cooperation | Does another act without which the crime would not have happened | "without which it would not have been accomplished" |
What does "principal by inducement" mean?
It is a person who does not carry out the crime himself but makes another person commit it, by force or by inducement. The text says the force or inducement must be "direct". Whether a word, an order or a promise was direct enough to count is decided by the court on the evidence.
Where do principals stand among the other participants?
Article 16 lists three groups who can be liable for grave and less grave felonies: principals, accomplices and accessories. The penalty goes down with each group:
The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony.
An accomplice in a consummated felony gets the penalty next lower in degree (Article 52), and an accessory the penalty lower by two degrees (Article 53). A conspiracy under Article 8 is a separate concept: Article 17 does not mention it, and whether several people acted under an agreement is decided on the evidence.
Example
Made-up illustration: Mario promises Dante money to rob a rival's store, and Dante does it because of that promise. Dante took a direct part in the robbery, so he is a principal by direct participation. If the court finds that Mario's promise directly induced the robbery, Mario is a principal by inducement. Rina, a store employee, gives Dante the only key to the safe, which could not have been opened otherwise; her act may make her a principal by indispensable cooperation. Each person's role is decided on the facts.
See also the comparison principal vs accomplice vs accessory.
Which provisions use this term?
Frequently asked questions
Who are principals in a crime?
Article 17 of the Revised Penal Code names three kinds: those who take a direct part in the execution of the act; those who directly force or induce others to commit it; and those who cooperate in the offense by another act without which it would not have been accomplished.
What is a principal by inducement?
It is the second kind in Article 17: a person who directly forces or induces another to commit the crime. The text requires that the force or inducement be direct.
What is a principal by indispensable cooperation?
It is the third kind in Article 17: a person who cooperates in the offense by another act without which the offense would not have been accomplished.
What penalty does a principal get?
Article 46 says the penalty prescribed by law for the felony is imposed upon the principals. Accomplices and accessories get lower penalties.
Can a person be a principal without doing the act himself?
Yes. Under Article 17, a person who directly forces or induces another to commit the crime, or who does an indispensable act of cooperation, is also a principal.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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