Accessories Who Are Exempt From Criminal Liability

Accessories who are exempt from criminal liability

ART.20

BASIS:
The exemption provided for in this article is based on the ties of blood and the preservation of the cleanliness of one’s name, which compels one to conceal crimes committed by relatives so near as those mentioned in this article.

AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABILITY WHEN THE PRINCIPAL IS HIS :
1. spouse, or
2. ascendant, or
3. descendant, or
4. legitimate, natural or adopted brother, sister or relative by affinity within the same degree.

Accessory Is Not Exempt From Criminal Liability Even If The Principal Is Related To Him, If Such Accessory –
1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects of the crime.

REASON: Because such acts are prompted not by affection but by a detestable greed.

NOTES:

Nephew and Niece not included

Public officer contemplated in par. 3 of Art. 19 is exempt by reason of relationship to the principal, even if such public officer acted with abuse of his official functions.

REASON: Ties of blood or relationship constitutes a more powerful incentive than the call of duty.

P.D. 1829 penalizes the act of any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases.

The benefits of the exception in Art. 20 do not apply to PD 1829. PD 1829 - The law penalizing obstruction of justice.







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