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Criminal Liability

ART.4

Par.1 Criminal liability for a felony committed different from 
      that intended to be committed

      Requisites:
      1. felony has been committed intentionally
      2. injury or damage done to the other party is the direct,
         natural and logical consequence of the felony

     Hence, since he is still motivated by criminal intent,
     the offender is criminally liable in:
     1. Error in personae – mistake in identity
     2. Abberatio ictus – mistake in blow
     3. Praetor intentionem - lack of intent to commit so
                              grave a wrong

     PROXIMATE CAUSE – the cause, which in the natural and
     continuous sequence unbroken by any efficient intervening
     cause, produces the injury, without which the result would
     not have occurred

Par. 2 Impossible Crime

     Requisites:
     1. Act would have been an offense against persons or property.
     2. There was criminal intent.
     3. Accomplishment is inherently impossible; or inadequate
        or ineffectual means are employed.
     4. Act is not an actual violation of another provision of
        the Code or of special law.

     Impossible crime occurs when there is:
     1. inherent impossibility to commit the crime
     2. inadequate means to consummate the crime
     3. ineffectual means to consummate the crime

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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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