Title: Understanding Desistance in Criminal Cases in the Philippines
Desistance is a concept in criminal law that acknowledges a perpetrator's abandonment of criminal intent or action. The concept has played a substantial role in shaping the jurisprudence in various countries, including the Philippines. It's a pivotal principle in determining guilt or innocence in criminal proceedings, playing a significant role in mitigating criminal liability.
Desistance in the Philippine Legal System
The Philippines follows a legal principle called "actus non facit reum, nisi mens sit rea," which means "the act does not make a person guilty unless the mind is also guilty." Thus, to establish criminal liability, there must be both a criminal act (actus reus) and a criminal intent (mens rea).
Desistance pertains to the withdrawal from the execution of a criminal intent. Under Philippine law, if an individual starts a crime but decides not to push through with it, their act of stopping can prevent them from being held liable for the intended crime. This principle is established under Article 6 of the Revised Penal Code, which provides that there is an attempt when the offender commences the commission of a felony directly but does not perform all the acts of execution due to reasons apart from their own spontaneous desistance.
Implications of Desistance in Criminal Cases
The application of desistance in Philippine criminal cases has significant implications. If it can be demonstrated that the accused voluntarily desisted from committing the crime, they may be acquitted of the charges or face reduced penalties.
Desistance can become an essential factor in cases of attempted crimes. If a person begins to commit a crime but stops before completing it due to a change of heart, they may not be held liable for the intended crime. However, they could still be liable for any other crime committed during the attempt.
Desistance and Case Law
The concept of desistance has been deliberated in several case laws in the Philippines. Courts have used the principle of desistance to acquit accused individuals who have demonstrated that they have abandoned their criminal intent. The factor that determines whether the act of the accused constitutes an attempt or is merely preparatory depends on their intent, which can be inferred from their acts.
Conclusion
Desistance serves as a critical factor in determining criminal liability in the Philippines. By acknowledging the possibility of a change of heart during the execution of a crime, the principle of desistance encourages potential offenders to abandon their criminal intent. It underscores the importance of criminal intent in assessing guilt and promotes a more humanistic approach to justice.
As always, this article is intended for general understanding and does not constitute legal advice. Please consult with a legal professional for advice specific to your situation.