Practice question
For an accessory to a frustrated felony under Article55, the court uses two degrees below the consummated penalty and ignores the frustrated-stage reference. Which correction is needed?
- Use two degrees below the penalty prescribed for the frustrated felony under the ordinary rule
- Article55 has no stage reference
- The accessory always receives the principal’s identical penalty
- Only the charge caption matters
- A period and a degree are interchangeable
Legal references
- Revised Penal Code specified Articles25,27,34–35,42–45,53–57: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html Articles53–57, ordinary rules subject to Article60.
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