WHAT IS THE EFFECT OF PARDON BY THE OFFENDED PARTY UPON CRIMINAL LIABILITY?
Category: Criminal Procedure
WHAT IS THE EFFECT OF PARDON BY THE OFFENDED PARTY UPON CRIMINAL LIABILITY?
> As a general rule, pardon by the offended party doesn’t extinguish criminal liability
> Only civil liability is extinguished by express waiver of the offended party—THERE IS NO EXTINCTION OF CRIMINAL LIABILITY SINCE IN CRIMES, THERE ARE TWO OFFENDED
PARTIES
> However, pardon granted before the institution of the criminal proceedings in cases of adultery, concubinage, seduction, abduction, and acts of lasciviousness shall extinguish criminal liability
WHY IS THERE NO EXTINCTION OF CRIMINAL LIABILITY?
> Remember that in a criminal case, there are two offended parties. The pardon given by the offended party would relate only to the civil liability and not the criminal aspect.
Related Philippine Law Resources:
Newer Philippine Law Resources:
- CAN THE ACCUSED STILL RAISE PRESCRIPTION AS A DEFENSE EVEN AFTER CONVICTION? -
- FOR CRIMINAL OFFENSES, WHEN DOES THE PERIOD FOR PRESCRIPTION COMMENCE? -
- Prescriptive Periods of Crimes -
- WHY IS PRESCRIPTION A GROUND FOR A MOTION TO QUASH? -
- EFFECT OF MARRIAGE OF THE OFFENDER WITH THE OFFENDED PARTY IN PRIVATE CRIMES -
Additional Law Reading:
WHAT IS THE EFFECT OF PARDON BY THE OFFENDED PARTY UPON CRIMINAL LIABILITY?
Category: Criminal Procedure
WHAT IS THE EFFECT OF PARDON BY THE OFFENDED PARTY UPON CRIMINAL LIABILITY?
> As a general rule, pardon by the offended party doesn’t extinguish criminal liability
> Only civil liability is extinguished by express waiver of the offended party—THERE IS NO EXTINCTION OF CRIMINAL LIABILITY SINCE IN CRIMES, THERE ARE TWO OFFENDED
PARTIES
> However, pardon granted before the institution of the criminal proceedings in cases of adultery, concubinage, seduction, abduction, and acts of lasciviousness shall extinguish criminal liability
WHY IS THERE NO EXTINCTION OF CRIMINAL LIABILITY?
> Remember that in a criminal case, there are two offended parties. The pardon given by the offended party would relate only to the civil liability and not the criminal aspect.
Related Philippine Law Resources:
Newer Philippine Law Resources:
- CAN THE ACCUSED STILL RAISE PRESCRIPTION AS A DEFENSE EVEN AFTER CONVICTION? -
- FOR CRIMINAL OFFENSES, WHEN DOES THE PERIOD FOR PRESCRIPTION COMMENCE? -
- Prescriptive Periods of Crimes -
- WHY IS PRESCRIPTION A GROUND FOR A MOTION TO QUASH? -
- EFFECT OF MARRIAGE OF THE OFFENDER WITH THE OFFENDED PARTY IN PRIVATE CRIMES -
Additional Law Reading:
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