ADJUS-121 Lecture Notes - Lecture 17: Sleepwalking, Widow
2 Sep 2020
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The effect of this is to absolve the offender from criminal liability, although not from civil liability. It has the same effect as an exempting circumstance, but you do not call it as such in order not to confuse it with the circumstances under article 12. Then, article 89 provides how criminal liability is extinguished: Death of the convict as to the personal penalties, and as to pecuniary penalties, liability therefor is extinguished if death occurs before final judgment; Marriage of the offended woman as provided in article 344. Under article 247, a legally married person who kills or inflicts physical injuries upon his or her spouse whom he surprised having sexual intercourse with his or her paramour or mistress in not criminally liable. Under article 219, discovering secrets through seizure of correspondence of the ward by their guardian is not penalized.
