Complex Crimes

Question 1

Elements of continuing crime or delito continuado

Answer 1

For delito continuado to exist there should be a
1. plurality of acts performed during a period of time;
2. unity of penal provision violated; and
3. unity of criminal intent or purpose,

which means that two or more violations of the same penal provisions are united in one and same instant or resolution leading to the perpetration of the same criminal purpose or aim

Question 2

What is the single larceny rule?

Answer 2

1. Several items are taken
   – More than one object/property was stolen.
2. Taken from one place and on the same occasion
   – The acts of taking happened at the same time and location.
3. Unity of criminal intent
   – There was only one decision/resolution to commit theft/robbery (not separate, independent takings).
4. Ownership is immaterial
   – Even if the items belong to different persons, as long as requisites 1–3 are present, it is treated as one offense.