Accomplice vs. Conspirator (Criminal Law)

2007 Bar Exam Question and Suggested Answer on Accomplice and Conspirator (Criminal Law)

QUESTION:

No. V. a. Distinguish between an accomplice and a conspirator. (10%)

SUGGESTED ANSWER:

The distinction between an accomplice and a conspirator are:

1. An accomplice incurs criminal liability by merely cooperating in the execution of the crime without participating as a principal, by prior or simultaneous acts; whereas a conspirator participates in the commission of a crime as a co-principal.

2. An accomplice incurs criminal liability in an individual capacity by his act alone of cooperating in the execution of the crime; while a conspirator incurs criminal liability not only for his individual acts in the execution of the crime but also for the acts of the other participants in the commission of the crime collectively. The acts of the other participants in the execution of the crime are considered also as acts of a conspirator for purposes of collective criminal responsibility.

3. An accomplice participates in the execution of a crime when the criminal design or plan is already in place; whereas a conspirator participates in the adoption or making of the criminal design.

4. An accomplice is subjected to a penalty one degree lower than that of a principal; whereas a conspirator incurs the penalty of a principal.


Source: 
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)