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example of praeter intentionem,​

Sagot :

Praeter intentionem” is defined as having an injurious result that is greater than that intended. The Revised Penal Code describes it as no intention to commit so grave a wrong. Examples: - A wanted to inflict physical injuries on B. A hacked B with a bolo resulting to B's death.

Hope it help

Certainly! Let’s explore the concept of “praeter intentionem.” This Latin term refers to a situation where an injury resulting from an act is greater than the injury intended by the offender. In other words, it involves a lack of intention to commit a crime that leads to more severe consequences than anticipated. Here’s an example:

Suppose Mr. Abner, without any intent to kill, strikes Mr. Barry on the back of his head with his fist. As a result, Mr. Barry falls and hits his head on a solid and pointed object. The injury caused by the fall is more serious than what Mr. Abner initially intended. In this case, praeter intentionem applies.

Remember that this concept is considered a mitigating circumstance under criminal law, which means that while the offender may still be liable for the resulting injury or damage, the penalty imposed will be in its minimum period.

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