Homesi pedro magpapakamatay tumalon sa 9th flor ng condo. kaso nabagsakan nya si juan. di sya namatay. pero si juan patay.
is there a crime comitted?
is there a crime comitted?
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criminal law question
+8
carlo.evangelista
agtlawyers
Arbiter
primrosereondanga
attysuperman
2014lawyer
loey0016001
jolets
12 posters
Message [Page 1 of 1]
3 suicide attempt Mon Apr 23, 2012 11:49 pm
loey0016001
Arresto Menor
for the complainant, it must be noted that for one to incur criminal liability, he must commit a felony. Suicide is not a felony. therefore, no crime was committed. article 4 relate it to article 3.
for the accused/defendant, although he no felony was committed, nevertheless he can be held liable for criminal nagligence article 365.
for the accused/defendant, although he no felony was committed, nevertheless he can be held liable for criminal nagligence article 365.
4 Re: criminal law question Fri May 04, 2012 7:42 pm
2014lawyer
Arresto Menor
i beg to disagree...
there is a felony i.e. murder. intent to kill + evident premeditation (he decided to kill himself, thus he intends to commit a felony)
in addition...
one voluntarily committing a crime or misdeamor incurs criminal liability for any wrongful act committed by him, even though it be different from that which he intended to commit. (Wharton's Criminal Law, sec. 87 and cases cited; McClain's Crim. Law, sec. 133 and cases cited; Pettit vs. S., 28 Tex. Ap., 240; Commonwealth vs. Power, 7 Met., 596; Yates vs. People, 32 N.Y., 509; Isham vs. State, 38 Ala., 213; Commonwealth vs. Rogers, 7 Met., 500.)
thus
he [u]may have committed homicide
there is a felony i.e. murder. intent to kill + evident premeditation (he decided to kill himself, thus he intends to commit a felony)
in addition...
one voluntarily committing a crime or misdeamor incurs criminal liability for any wrongful act committed by him, even though it be different from that which he intended to commit. (Wharton's Criminal Law, sec. 87 and cases cited; McClain's Crim. Law, sec. 133 and cases cited; Pettit vs. S., 28 Tex. Ap., 240; Commonwealth vs. Power, 7 Met., 596; Yates vs. People, 32 N.Y., 509; Isham vs. State, 38 Ala., 213; Commonwealth vs. Rogers, 7 Met., 500.)
thus
he [u]may have committed homicide
5 Re: criminal law question Mon Nov 05, 2012 1:46 pm
attysuperman
Arresto Menor
RPC art 4 para 1, kung lawful act ang ginawa nya he is exempt from criminal liability but civilly liable, but however as he said in the preceding comment, committing suicide is unlawful act, so the accused has a legal causation for the dead of juan.
6 Re: criminal law question Mon Nov 05, 2012 4:01 pm
primrosereondanga
Arresto Menor
gusto q po mlaman kung ilang araw po dpat mukuha ang medico legal ng isang biktima at kung halimbawa po na medico legal ay inabot ng 3 linggo ito po ba ay maaari pang gamitin sa pagsampa ng kaso?
7 Re: criminal law question Mon Nov 05, 2012 6:38 pm
Arbiter
Arresto Menor
There is no crime committed because under Article 4 of the Revised Penal Code, any person who commits a felony even though the wrongful act done be different from which he intended is criminally liable.
As can be gleaned from the above-mentioned provision of law, a person can only be criminally liable for the consequences of his act if his act is indeed criminal. There is no law yet which punishes the act of committing a suicide.
In the case at bar, although Juan is clearly not criminally liable, he is civilly liable for the death of Juan.
As can be gleaned from the above-mentioned provision of law, a person can only be criminally liable for the consequences of his act if his act is indeed criminal. There is no law yet which punishes the act of committing a suicide.
In the case at bar, although Juan is clearly not criminally liable, he is civilly liable for the death of Juan.
8 Re: criminal law question Tue Nov 06, 2012 12:28 pm
primrosereondanga
Arresto Menor
help nmn po pkisagot po
9 Law Offices of Alex G. Tovarian Wed Nov 07, 2012 10:25 pm
agtlawyers
Arresto Menor
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10 Re: criminal law question Tue Jan 01, 2013 10:16 pm
carlo.evangelista
Arresto Menor
I think some authors have a different say on the matter. Some say Pedro may be criminally liable under Art. 365 on Criminal Negligence for negligently killing Juan. There may be no law punishing suicide, but he was negligent in committing the same. Thus, he is liable for the death of Juan.
11 Re: criminal law question Wed Jan 02, 2013 3:52 am
Arbiter
Arresto Menor
carlo.evangelista wrote:I think some authors have a different say on the matter. Some say Pedro may be criminally liable under Art. 365 on Criminal Negligence for negligently killing Juan. There may be no law punishing suicide, but he was negligent in committing the same. Thus, he is liable for the death of Juan.
Really? Some authors? Can you name even just one author in criminal law? Thanks.
A person who is in the verge of committing suicide can't think clearly so article 365 does not apply.
12 Re: criminal law question Tue Jan 08, 2013 10:04 pm
tsi ming choi
Reclusion Perpetua
jolets wrote:si pedro magpapakamatay tumalon sa 9th flor ng condo. kaso nabagsakan nya si juan. di sya namatay. pero si juan patay.
is there a crime comitted?
Reckless imprudence resulting to homicide.
Felony is committed by means of Dolo or Culpa.
Here, there is culpa as when Pedro, without intent to kill juan, inflicts injury, thru his overtact(tumalon sa building)which results to the latters untimely death.
13 Re: criminal law question Fri Jan 18, 2013 2:08 am
jasper90f
Arresto Menor
The crime is criminal negligence..
14 Re: criminal law question Mon Jan 28, 2013 9:59 pm
yongski4217
Arresto Menor
modality ng commsiision ng crime yung negligence kaya may krimen pa din reckless imprudence resulting to homicide.culpa criminal siya.even without an intent but if there was negligence on the part of the author of a crime there is a crime committed
15 Re: criminal law question Sat Feb 09, 2013 1:45 am
cuddlybear
Arresto Menor
Suicide is neither lawful or unlawful.
One thing is for certain, Suicide is not punishable under RPC.
However, having killed someone, with or without intent to kill, as in this case, a result in the attempt to commit suicide is punishable.
To answer the question raised,
Yes, there is a crime committed.
One thing is for certain, Suicide is not punishable under RPC.
However, having killed someone, with or without intent to kill, as in this case, a result in the attempt to commit suicide is punishable.
To answer the question raised,
Yes, there is a crime committed.
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