|
Mistake of
Facts
|
Mistake of
Identity
|
Mistake
in the Blow
|
Injurious result is greater than that intended
|
Latin Name
|
Ignorantia
facti excusat
|
Error in personae
|
Aberratio ictus
|
Praeter intentionem
|
Meaning
|
-is an absolutory cause for had the
facts been true to the belief of the offender
|
injuring one person
mistaken for another
|
When offender intending
to do an injury to one person actually inflicts it on another
|
injurious result is greater
than that intended
|
Circumstances Affecting Criminal Liability
|
Negative
criminal Liability
|
Penalty
for lesser
crime in its maximum period Art. 49
(Extenuating Circumstance)
|
penalty
for graver offense in its maximum period Art. 48
|
Mitigating circumstance
Art.
13
|
As
to Count
|
There was a
crime but no criminal
|
Single Crime
|
Complex crimes
Art. 48
|
Single Crime
|
Persons
Involve
|
One
subject
|
One
subject
|
At
least two subjects
|
one
subject
|
Intent
|
No criminal
intent
|
A
has intent to kill B, but kills C
|
The
intended subject is a different subject,
but the felony is still the same. |
Lack of intent to commit
so grave a wrong
|
Criminal
Liability
|
No criminal
liability
|
Has
criminal liability
|
Has
criminal liability
|
Has
criminal liability
|
Landmark
Case
|
U.S. vs. Ah
Chong
|
People
vs. Oannis
|
People vs. Mabugat
|
People vs. Cagoco
|
Exceptions
/ Notes
|
Mistake of fact
is relevant only in dolo
|
Of
the same gravity or severity, the penalty is not mitigated.
|
May
result to a greater criminal liability
|
Mitigating
only if there is a notable disparity between the means employed and the resulting felony. |
Lunes, Agosto 21, 2017
Mistake of Facts vs. Mistake of Identity vs. Mistake in the Blow vs. Injurious result is greater than that intended
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