Sunday, April 24, 2016

Jumping to conclusion concluded

In my post last week I said that Luis B. Reyes and Leonor D. Boado disagree as to the criminal liability of a suicide jumper.

Reyes said in The Revised Penal Code, Book One, 2012 Edition on page 69,


Reyes is correct that A is not criminally liable for intentional homicide. But is that the end of the story? Could we just let A walk away and jump again?

Going back to Facundo who "jumped to his conclusion", Boado says Facundo may not be guilty of homicide but still liable for something else. And as  I said last week Boado is not being facetious when she said that Facundo jumped to his conclusion. On page 45 of the Notes and Cases on the Revised Penal Code, 2012 Edition Boado says:


If suicide were a crime I'd dare say that this would be a case of aberratio ictus. The suicide jumper wants to kill a person (himself) but killed another.

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