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DIFFERENCE OF ACCOMPLICE AND CONSPIRATOR ACCOMPLICE
CONSPIRATOR
Knowledge of the criminal design of the principal
They know and agree with the criminal design. They come to know it after the principals have reached the decision and only then do they agree to cooperate in its execution.
They know of and join in the criminal design. They know the criminal intention because they themselves have decided upon such course of action.
Participation Participatio n
Accomplices are mere instrument who perform acts not essential to the commission of the crime.
Conspirators are the authors of the crime.
Penalty
One degree lower than that of a principal.
Same as principal. Note: Conspiracy alone is not punishable except in cases where the law specifically prescribes a penalty therefor.
Prerequisite
1. The community of criminal design; that is, knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose; and
1. That two or more persons came to agreement;
2. The performance of previous or simultaneous acts that are indispensable to the commission of the crime.
3. That the execution of the felony was decided upon
2. That the agreement concerned the commission of a crime; and
