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All Jurisprudence based

0 tracked cards Criminal Law

Facts: Enzo commits estafa against his neighbor Mara, the offended party. After the incident, Enzo and Mara marry; the marriage is valid and subsisting. (a) Identify the doctrine on 'Marriage between the offender and the offended party' that extinguishes criminal liability. (b) State the essential conditions for its application. (c) Apply the doctrine to these facts and determine whether Enzo’s criminal liability is extinguished.

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The extinction applies only if the offense was petty or minor; for grave offenses, the rule does not apply. If the couple later divorces, the earlier extinguishment ceases and liability revives. The doctrine on marriage between the offender and the offended party extinguishes criminal liability when the offender and the offended party marry after the offense, provided the marriage is valid and subsisting. The extinction also terminates civil liability arising from the offense; the offender is completely discharged of all consequences.

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