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What is the criminal liability of an offender who intends the injury on one person but the harm fell on another?
#philippinelaw #criminallaw #aberratioictus #mistakeinthevictimoftheblow #intent #dolo
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00:00.0
Abirasio Ictus in English means Mistake in the Victim of the Blow.
00:19.3
Here, the offender, his intended victim, and the actual victim. Instantaneous death.
00:30.8
Question. What is the criminal liability of X?
00:35.5
Answer. X here is liable for of qualifying circumstances, attempted homicide or murder as against Y.
00:43.8
And?
00:45.9
Homicide of X in firing his gun.
00:49.3
Produce two felonies.
00:52.0
One is less grave and the other old.
00:55.3
Even if there are two felonies that arose from a single act,
01:01.1
for the most serious crime shall be the one imposed the same to be applied in its maximum period.
01:08.8
Crime of?
01:11.1
Attempted homicide or murder as against Y.
01:14.1
And?
01:15.4
Physical injuries.
01:17.1
Many physical injuries can be charged.
01:19.3
Because there was no or there is no criminal intent on us against Y.
01:25.9
Because Y was his intended victim.
01:29.8
A single act must produce two or more grave or less grave felonies.
01:35.9
Since slight physical injuries...
01:37.8
Don't be confused, no?
01:39.3
When I say compound crime, kahit dalawa, tatlo, apat limang crimes yung ma-produce by a single act.
01:47.2
Penalty for the most serious crime to be...
01:49.3
imposed in the maximum period but in the attempted homicide or murder as against why and the separate
