Article 116 Misprision of treason

Question 1

What are the elements of Misprision of Treason?

Answer 1

1. Offender must be owing allegiance to the
   government, and NOT a foreigner;
2. He has knowledge of conspiracy to commit treason
   against the government;
3. He conceals or does not disclose and make known
   the same as soon as possible to the proper
   authority.

Question 2

Does Article 20 apply to Article 116?

Answer 2

No.Whether the conspirators are parents or children,
and the ones who learn the conspiracy is a parent
or child, they are required to report the same. Although blood is thicker than water , when it comes to security of the state, blood relationship is always subservient to national security. Article 20 does not apply here because the persons found liable for this crime are not
considered accessories; they are treated as principals.

Question 3

Is the knowledge of treason and having the same concealed subject to Misprision of Treason?

Answer 3

The Crime doesn‘t apply if crime of treason is already

committed and it is not reported as mentioned in the law.

Question 4

Who are the authorities described in Article 116?

Answer 4

The governor or fiscal of the province, or the

mayor or fiscal of the city in which the person resides

Question 5

How will the offender of misprision be penalized?

Answer 5

One guilty of Article 116 is considered accessory to the crime of treason -prision mayor