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Tuesday, June 26, 2012

Complete Defenses in Criminal Cases

The following, if proven, will result in an acquittal.

1.) Any of the essential elements of the crime charged isn't proved by the prosecution and the elements proved don't constitute a crime

2.) The act of the accused is a justifying circumstance

3.) The act of the accused is an exempting circumstance

4.) The case is covered by any of the following (absolutory) causes:

a.) Spontaneous desistance during the attempted stages (Art. 6) and no crime under the Revised Penal Code or other law was committed
b.) Light felonies are punishable only if consummated, not frustrated or attempted, and not against persons or property (Art. 7)
c.) The accessory is a relative of the principal (Art. 20)
d.) Legal grounds for arbitrary detention (Art. 124)
e.) Legal grounds for trespass (Art. 280)
f.) Theft, swindling or malicious mischief is committed against a relative (Art. 332)
g.) Only slight or less serious physical injuries were inflicted by the person caught his spouse or daughter having sexual intercourse with another person (Art. 247)
h.) If the crime is rape, abduction, seduction or acts of lasciviousness and the offender married the victim later (Art. 344)

5.) Accused's guilt isn't proven beyond reasonable doubt

6.) The crime has prescribed (Art. 89)

7.) The victim in a crime against chastity pardoned the offender before the filing of a criminal case (Art. 344)

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