Distinction Between Affirmative and Negative Defense
Category: Criminal Procedure
NEGATIVE DEFENSE
Requires the prosecution to prove the guilt of the accused beyond reasonable doubt
Accused claims that one of the elements of the offense charged is not present.It is incumbent upon the prosecution to prove the existence of this element.
AFFIRMATIVE DEFENSE
The accused admits the act or omission but interposes a defense, which if proven, would exculpate him
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
- Order of Trial -
- Remedy where accused is not brought to trial within the time limit -
- ACTS WHICH THE PRIVATE COUNSEL, THE PUBLIC ATTORNEY, OR PROSECUTOR CAN BE LIABLE -
- DUTIES OF THE PUBLIC ATTORNEY IF THE ACCUSED ASSIGNED TO HIM IS IMPRISONED -
- Time limit following an order for new trial; New Trial -
Distinction Between Affirmative and Negative Defense
Category: Criminal Procedure
NEGATIVE DEFENSE
Requires the prosecution to prove the guilt of the accused beyond reasonable doubt
Accused claims that one of the elements of the offense charged is not present.It is incumbent upon the prosecution to prove the existence of this element.
AFFIRMATIVE DEFENSE
The accused admits the act or omission but interposes a defense, which if proven, would exculpate him
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
- Order of Trial -
- Remedy where accused is not brought to trial within the time limit -
- ACTS WHICH THE PRIVATE COUNSEL, THE PUBLIC ATTORNEY, OR PROSECUTOR CAN BE LIABLE -
- DUTIES OF THE PUBLIC ATTORNEY IF THE ACCUSED ASSIGNED TO HIM IS IMPRISONED -
- Time limit following an order for new trial; New Trial -
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