is there a crime comitted?
criminal law question
3 suicide attempt on Mon Apr 23, 2012 11:49 pm
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 on Fri May 04, 2012 7:42 pm
there is a felony i.e. murder. intent to kill + evident premeditation (he decided to kill himself, thus he intends to commit a felony)
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.)
he [u]may have committed homicide
5 Re: criminal law question on Mon Nov 05, 2012 1:46 pm
7 Re: criminal law question on Mon Nov 05, 2012 6:38 pm
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.
10 Re: criminal law question on Tue Jan 01, 2013 10:16 pm
11 Re: criminal law question on Wed Jan 02, 2013 3:52 am
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 on Tue Jan 08, 2013 10:04 pm
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.
14 Re: criminal law question on Mon Jan 28, 2013 9:59 pm
15 Re: criminal law question on Sat Feb 09, 2013 1:45 am
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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