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0 tracked cards Criminal Law

Facts: Milo commits grave threats against Lia, the offended party. After the incident, Milo and Lia 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 Milo’s criminal liability is extinguished.

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The doctrine is the Marriage between the offender and the offended party (Article 83 RPC). Essential conditions: (1) the offense must be committed against the offended party; (2) the offender and the offended party subsequently marry; (3) the marriage must be valid and subsisting; (4) criminal liability is extinguished by the marriage. Applying to these facts, Milo’s liability is extinguished. Pardon by the offended party after the offense extinguishes criminal liability; essential conditions: (1) pardon by the offended party; (2) court acceptance; Application: Not a recognized extinction mechanism under the RPC. Extinction by marriage applies only to offenses involving property; essential conditions: (1) the offense must be a property crime; (2) the offender and offended party marry; Application: Not applicable to grave threats. Civil settlement between offender and offended party, court-approved, extinguishes criminal liability; essential conditions: (1) court-approved settlement; (2) the offense must be a private offense; Application: Not applicable here since no such settlement occurred.

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