Practice question
A charge and a proposed alternative offense arise from the same transfer of property. The alternative carries a smaller penalty but requires a special relationship not alleged or necessarily included in the charged offense. Counsel says the lower sentence alone prevents any notice problem. Which is correct?
- The distinct essential relationship prevents reliance on penalty alone; the actual inclusion test must be satisfied
- The smaller sentence automatically cures every missing element
- The same event makes all criminal definitions interchangeable
- Only the amount of money must be compared
- Notice is unnecessary whenever the substitute seems lenient
Legal references
- Rules of Court, Rule120 Sections1–6; Rule110 Sections8–9: https://lawphil.net/courts/rules/rc_110-127_crim.html
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