Practice question
A prosecutor concedes that a new form of misconduct falls outside every element of the existing offenses applicable at the time. He asks the court to borrow the penalty from the most similar crime because both acts appear equally harmful. Which is best?
- Similarity necessarily creates a crime
- The judge may select any comparable punishment
- A penalty may be imposed without identifying an offense
- A policy argument supplies every missing statutory element
- The legality principle forbids extending criminal liability by analogy to fill the stipulated gap; the proper legislative recommendation remains available
Legal references
- Revised Penal Code Articles3,5,21; People v.Santos GR237982: https://lawphil.net/judjuris/juri2020/oct2020/gr_237982_2020.html
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