Collective Criminal Responsibility

Collective Criminal Responsibility is present when the offenders are criminally liable in the same manner and to the same extent. The penalty to be imposed must be the same for all. Principals by direct participation have collective criminal responsibility. Principals by induction, (except those who directly forced another to commit a crime) and principals by direct participation have collective criminal responsibility. Principals by indispensable cooperation have collective criminal responsibilities with the principals by direct participation.

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barrister wrote:Collective Criminal Responsibility is present when the offenders are criminally liable in the same manner and to the same extent. The penalty to be imposed must be the same for all. Principals by direct participation have collective criminal responsibility. Principals by induction, (except those who directly forced another to commit a crime) and principals by direct participation have collective criminal responsibility. Principals by indispensable cooperation have collective criminal responsibilities with the principals by direct participation.

dude dagdag ko lang definition ng individual criminal responsibility

Individual Criminal Responsibility:

In the absence of any previous conspiracy, unity of criminal purpose and intention
immediately before the commission of the crime, or community of criminal design, the
criminal responsibility arising from different acts directed against one and the same person is considered as individual and not collective, and each of the participants is liable only for the act committed by him.

Yes, i agree with you. Collective criminal responsibility is required because even if it is direct participation or by induction, the damage and suffering caused to the victim is one and the same. So there would not be any difference in alleging them.

Involved po ako sa isang anomalyang nangyari sa loob ng kompanya (bangko po). wherein may mga withdrawals na nangyari sa various TD accounts. ang nangyari po kase, prinessure po kami ng kasamahan namin sa work na pinagkakautangan namin ng pera, and lumaki ng lumaki dahil po from one account to the other.In short po may mga kasabwat ako para magawa ung crime. nong na discover po ung ginawa namin nag leave na po ako hanggang maubos ko ung earned leaves ko then tsaka na po ako nag file ng resignation ko. handa naman po akong harapin ung kaso kaya lng po ang pinagtataka ko ay kung bakit after 6 years tsaka pa po ako sinampahan ng kaso at ako lng po ang may kaso ung mga kasama ko po ay wala. pwede ko pa rin po ba cla i implicate during the counter affidavit ko? and what about po ung cashier who signed the withdwal slips, and the tellers who paid them wherein hindi po sa taong may ari ng account kundi sa amin po and aware naman po cla.

Please help. thank u po.

you can implicate them, but that won't exculpate you.

attyLLL wrote:you can implicate them, but that won't exculpate you.

Yes po atty, naintindihan ko po un na i'll not be acquitted by implicating them, ang side ko lang po is sana pare pareho kaming maparusahan in the first place may utak po at nagpagamit naman po kc ako since i was the one in direct access of the accounts.
May mga questions pa po ako atty:
1.If ever po pa na i implicate ko cla, pwede pa rin ba clang masampahan ng kaso maski nauna na akong nasampahan?
2.Ung cashier po ba na nagsign sa approval ng mga withdrawals at ung teller na nagbayad may liability rin?
3.and does this case really under qualified theft (kc un na po ung naka file sa prosecutor's office or falsification?

Sana po ay hindi kau magsawa na gabayan ako.

Maraming salamat po.

it depends if the evidence against them is strong. i strongly recommend you get a lawyer to review your case. what you are planning seems like it will just get you into more trouble.

attyLLL wrote:it depends if the evidence against them is strong. i strongly recommend you get a lawyer to review your case. what you are planning seems like it will just get you into more trouble.

maraming salamat po.