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Qualified Piracy

ART. 123.

QUALIFYING CIRCUMSTANCES:
1. Seizure of the vessel by boarding or firing upon the same;
2. Abandonment of victims without means of saving themselves; or
3. Piracy was accompanied by murder, homicide, physical injuries, or rape.

NOTES: 

If any of the circumstances in Article 123 is present, piracy is qualified.

Parricide/infanticide should be included (according to Judge Pimentel).

There is a conflict between this provision and the provision on rape.
   Ex: If rape is committed on someone below 7 yrs. old – penalty is death
       under the new rape law. But if rape committed on someone below 7
       during the time of piracy – reclusion perpetua to death.

The murder/rape/homicide/physical injuries must have been committed on the
passengers or on the complement of the vessel.

Piracy is a crime not against any particular state but against all mankind. It may be
punished in the competent tribunal of any country where the offender may be found
or into which he may be carried.

QUALIFIED PIRACY –  a SPECIAL COMPLEX CRIME punishable by reclusión
perpetua to death, regardless of the number of victims.

Murder, rape, homicide, physical injuries are mere circumstances qualifying piracy and cannot be
punished as separate crimes, nor can they be complexed with piracy.

Although in Article 123 merely refers to qualified piracy, there is also the
crime of qualified mutiny. Mutiny is qualified under the following circumstances:
   (1)When the offenders abandoned the victims without means of saving themselves; or
   (2)When the mutiny is accompanied by rape, murder, homicide, or physical injuries.

Note that the first circumstance which qualifies piracy does not apply to mutiny.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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