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Extinction of Criminal Liability
Extinction of Criminal Liability
Extinction of Criminal Liability
I. Five Pillars of Criminal Justice System - there must be cooperation and coordination of
these ve pillars for the reformation of the prisoner
E. Community - People
II. Penalty
C. Classical Theory - a person is free to do all acts, but he must be responsible for the
consequences of it - Purpose of penalty
D. Postivist Theory - views the accused as a moral creature; he can commit a crime -
Purpose of Penalty: Reformative Justice - if he commits a crime, you must reform the o ender
1. The State must give the o ender the opportunity to be reformed - BUCOR
2. Under this theory, penalties are imposed in order to change or reform the
person
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III. amnesty - Concurrence
IV. Prescription of criminal liability is tolled by the ling of the criminal action
V. You cannot be considered as serving your sentence if you are at large - you must serve your
sentence at the national penitentiary - the judgement is nal
B. Novation is not a ground, but novation before the ling the criminal may prevent the
incurring of criminal liability
3. Milla Case - Complex proper crime of estafa with falsi cation of public
document - NO, it cannot be extinguished by novation
VII. Amnesty is not a unilateral act of the President, it requires concurrence of the Congress
VIII. Pardon - act of grace of the president that excepts the individual from the punishment of
law - this is a private act, the Court cannot take judicial notice
1. If you have complied with the condition within the period of time - his liability
is extinguished
IX. Prescription of Crime is based on laches - the State sleeps on its right to prosecute the
o ender, hence it is now barred to exercise its right.
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