S.A 2020/21 B.E CRIMINAL LAW | Question #13

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SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CRIMINAL LAW 




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 A prisoner who had been convicted, but whose appeal was pending, died due to complications caused by COVID-19.

Should the prisoner's pending appeal be dismissed as a consequence? Explain briefly.


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SUGGESTED ANSWER:


Yes, the prisoner’s pending appeal should be dismissed because the death of the accused prior to final judgment extinguishes criminal liability and the civil liability directly arising from and based solely on the offense committed.

Article 89 of the Revised Penal Code provides that death extinguishes criminal liability as well as all pecuniary liabilities, including civil liabilities arising from delict or crime, in case the death occurs prior to final judgment.

In this case, there was no final judgment yet as the conviction was under appeal. Upon the prisoner’s death, the criminal action against him is extinguished as there is no longer a defendant to stand as the accused.


Code: S.A 2020/21 B.E CRIMINAL LAW | Question #13 


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