Lunes, Agosto 21, 2017

Mistake of Facts vs. Mistake of Identity vs. Mistake in the Blow vs. Injurious result is greater than that intended


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.

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