Article 17 of the Revised Penal Code: Principals
Status: In force
What does Article 17 say?
The following are considered principals:
1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.
What does it mean in plain language?
Article 17 says who are the principals in a crime. There are three kinds: the person who commits the act directly, the person who forces or induces someone else to commit it, and the person whose help was so necessary that the crime could not have happened without it. Principals receive the full penalty that the law sets for the crime.
The full text:
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.
How does it work in real life?
Dante: the one who acts
Dante breaks into a store and takes the cash register. He took a direct part in the execution of the act, so he is a principal by direct participation.
Mario: the one who pays
Mario promises Dante money to rob a rival's store, and Dante does it because of that promise. If the court finds that Mario's promise directly induced the robbery, Mario is a principal by inducement.
Rina and Glen: necessary help or extra help
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. Glen only keeps watch outside, and the robbery could have been done without him. His help may fit the description of an accomplice in Article 18. If there was an agreement among all of them, the court may see it differently; it decides on the facts.
What does this mean in practice?
- The label changes the penalty. Being found a principal, an accomplice or an accessory makes a difference of one or two degrees of penalty.
- The text sets the limits. Article 17 requires that the inducement be direct and that the cooperation be indispensable. How a particular act fits these words depends on the evidence.
- See also the comparison principal vs accomplice vs accessory.
- When do you need a lawyer? A person named in a complaint as one of several participants faces a question that turns on his exact role. See find legal help.
Who can be criminally liable?
Article 16 sets out the three groups of persons who can be liable for a felony:
The following are criminally liable for grave and less grave felonies:
- Principals.
- Accomplices.
- Accessories.
For light felonies, the same article lists only principals and accomplices. Accessories to a light felony are not criminally liable.
What are the three kinds of principals?
| Kind | What the person does | 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 | Forces or induces another person 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 | "cooperate... by another act without which it would not have been accomplished" |
Two words carry the weight. In item 2, the force or inducement must be "direct". In item 3, the cooperation must be such that the crime "would not have been accomplished" without it.
How is an accomplice different?
Article 18 defines accomplices by leaving out everyone covered by Article 17:
Accomplices are those persons who, not being included in article 17, cooperate in the execution of the offense by previous or simultaneous acts.
So an accomplice helps before or during the crime, but his help is not indispensable. Accessories are a third group: they take part only after the crime. See Article 19 on accessories.
What penalty does each one get?
| Participant | Penalty for a consummated felony | Article |
|---|---|---|
| Principal | The penalty prescribed by law for the felony | 46 |
| Accomplice | The penalty next lower in degree | 52 |
| Accessory | The penalty lower by two degrees | 53 |
The same pattern applies, with its own articles, to frustrated and attempted felonies. For how long each penalty lasts, see the table of the duration of penalties.
How does conspiracy fit in?
Article 8 defines conspiracy: two or more persons agree to commit a felony and decide to commit it. Article 17 does not mention conspiracy. Whether several people acted together under an agreement, and what role each one had, is decided by the court on the evidence of each case.
Frequently asked questions
Who are principals in a crime?
Article 17 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?
Under Article 17, item 3, it is a person who cooperates in the offense by another act without which the offense would not have been accomplished. If the crime could have been done without that act, he is not this kind of principal.
What is the difference between a principal and an accomplice?
Article 18 says accomplices are persons not included in Article 17 who cooperate in the execution of the offense by previous or simultaneous acts. Their help is not indispensable. In a consummated felony, Article 52 gives them the penalty next lower in degree than the one prescribed by law for the felony.
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 under Articles 52 to 57.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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