Article 23 Flashcards
Cite Art. 23 of the RPC
Effect of pardon by the offended part - A pardon by the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest of the injured paty is extinguished by his express waiver
Can the fiscal still prosecute the offender even if the injured paty already pardoned the offender?
Yes, according to Art. 23 of the RPC
Is the pardon by the offended party a ground for the dismissal of the complaint or information?
No
Reason for pardon by offended party does not extinguish criminal action
A crime committed is an offense against the State. In criminal cases, the intervention of the aggrieved parties is limited to being witnessess for the prosecution
Does compromise extinguish criminal liability?
No
Can there be compromise for civil liability?
Yes
Is a contract stipulating for the renunciation of the right to prosecute an offense or waiving the criminal liability valid?
No
In crimes of adultery and concubinage, when can the offended party not institute criminal prosecution?
When the offended party consented or pardoned the offenders (Art. 344, par. 2)
When may there be implied pardon on the part of the offended party?
Continued inaction of the offended party AFTER learning of the offense
When must pardon under Article 344 be made?
Before institution of criminal prosecution
The only act that, according to Article 344 of the RPC, extinguishes the penal action AFTER the institution of criminal action
Marriage between the offender and the offended party
Under Art. 344 of the RPC, in crimes of seduction, abduction, rape, or acts of lasciviousness, does pardon by the offended party extinguish criminal liability?
No, it only bars criminal prosecution for such offenses under Art. 344 of the RPC
As a general rule, offenses can be classified into two classes injuries, what are they? (2)
- Social injury
- Personal injury
What is social injury?
It is produced by the disturbance and alarm which are the outcome of the offense.
This is sought to be repaired through the imposition of the corresponding penalty. In this class of injury, the State has an interest
The offended party cannot pardon the offender so as to relieve him of the penalty
What is personal injury?
It is causey to the victim of the crime who suffered damage either to his person, to his property, to his honor or to her chastity.
It is repaired through indemnity, which is civil in nature, the offended party may waive it and the State has no reason to insist in its payment. The waiver, however, must be express
