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Criminal Liability Pardon and Offended Party

Explore the concept of pardon by the offended party and its impact on criminal liability. Understand the general rule and exceptions related to the extinguishment of criminal action through pardon by the aggrieved party.

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@SupportedRainbowObsidian
1/20
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Questions and Answers

What is the general rule regarding pardon by the offended party in criminal cases?

Pardon by the offended party does not result in the extinguishment of criminal action.

In which specific crimes will pardon by the offended party be a bar to criminal prosecution?

Adultery and concubinage

What is the nature of a pardon by the Chief Executive?

It is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual from punishment.

What are the general effects of a pardon by the President?

<p>A pardon shall not restore the right to hold public office or the right of suffrage, except when expressly restored by the terms of the pardon. It shall not exempt the culprit from the payment of the civil indemnity.</p> Signup and view all the answers

Can the granting authority revoke a pardon that has already been delivered and accepted by the grantee?

<p>No, the granting authority may not revoke a pardon that has already been delivered and accepted by the grantee.</p> Signup and view all the answers

What is the difference between a pardon and an amnesty?

<ol> <li>Pardon is addressed to ordinary offenses while Amnesty is addressed to political offenses. 2. Pardon is granted to individuals while Amnesty is granted to a class of persons. 3. In Pardon, conditional pardon must be accepted while in Amnesty, need not be accepted. 4. There is no need for congressional concurrence in pardon while in Amnesty, requires congressional concurrence. 5. Pardon does not need congressional concurrence while Amnesty requires congressional concurrence.</li> </ol> Signup and view all the answers

What are the limitations upon the exercise of the pardoning power?

<p>The power can be exercised only after conviction and does not extend to cases of impeachment.</p> Signup and view all the answers

What is the difference between absolute pardon and conditional pardon?

<p>Absolute pardon totally extinguishes liability, while conditional pardon partially extinguishes civil liability. Additionally, absolute pardon is complete even without acceptance, while conditional pardon has no force until it is accepted.</p> Signup and view all the answers

Does a pardon extinguish the effect of accessory penalties?

<p>No, pardon of the principal penalty does not extinguish the effect of the accessory penalties attached to it, unless expressly restored by the terms of the pardon.</p> Signup and view all the answers

What is amnesty and when is it usually exerted?

<p>Amnesty is an act of sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever, exercised in favor of a single individual. It is usually exerted on behalf of persons who are subject to trial but have not yet been convicted.</p> Signup and view all the answers

What is the main difference between a pardon and an amnesty?

<p>Pardon applies to ordinary offenses, while amnesty applies to political offenses.</p> Signup and view all the answers

What distinguishes a conditional pardon from an amnesty?

<p>Conditional pardon requires acceptance by the offender, while amnesty does not.</p> Signup and view all the answers

In what way does a pardon by the Chief Executive differ from a pardon by the offended party?

<p>A pardon by the Chief Executive extinguishes criminal liability, while a pardon by the offended party does not.</p> Signup and view all the answers

What is the general effect of a pardon granted by the President?

<p>It removes all that is left of the consequences of conviction after the term of imprisonment has expired.</p> Signup and view all the answers

What sets amnesty apart from a pardon in terms of application?

<p>Amnesty is usually exerted on behalf of persons who have been convicted, while pardon can be granted before conviction.</p> Signup and view all the answers

In criminal cases, what is the general rule regarding pardon by the offended party?

<p>The intervention of the aggrieved parties is limited to being witnesses for prosecution.</p> Signup and view all the answers

What is the effect of pardon by the Chief Executive on the right to hold public office or suffrage?

<p>A pardon does not restore the right to hold public office or suffrage.</p> Signup and view all the answers

For which specific crimes will pardon by the offended party be a bar to criminal prosecution?

<p>Adultery and concubinage</p> Signup and view all the answers

What is the nature of a pardon by the Chief Executive?

<p>It is an act of grace exempting the individual from punishment.</p> Signup and view all the answers

Can a pardon by the President exempt the culprit from the payment of civil indemnity?

<p>No, a presidential pardon has no effect on civil indemnity.</p> Signup and view all the answers

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