❓ Help Sa mga future police or lawyer

[lKnorNeanl]

Paki remove admin if bawala, thank you

Explain the effect if the accused dies before the finality of judgement and if the accused dies after the finality of judgement? Katawaan lang sino nag aaral dito nang mabuti

Explain it with your own understanding.

 

[Bithoben]

From my own understanding, in any cases even before or after finality of judgment, the criminal liability of the accused is TOTALLY extinguished for the reason that criminal liability is, FIRST, PERSONAL in nature, and is not susceptible for transmission (e.g. criminal liability transferred to heirs not allowed) and second it is provided by law, see Art. 89 of our Revised penal code.

However, as to civil liability, (monetary liablity) our law provides that if ever accused died after finality of judgment, the accused will still be liable and payment thereof will be assumed, if any, to the estate of the accused, until exhausted, the heirs thereof. If he died before the finality of judgment, no civil liability attached. See Art. 89 of our Revised penal code.

P.S. Not a Lawyer or Policeman, but it is somehow connected with my profession. hehe.