Practice question
Two cases are expressly within Article49. In CaseA paragraph2 applies without exception. In CaseB the acts also establish a higher-penalty attempt satisfying paragraph3. A party insists both must receive the lower actual-felony penalty merely because the actual harm was less than intended. What distinction is required?
- Ignore paragraph3 in both cases
- Apply paragraph2 in A and the express higher-attempt exception in B
- Apply acquittal in both cases
- Treat every mistake of identity as the same sentencing formula
- Use only the offender’s later description of intent
Legal references
- Revised Penal Code, Articles3-4 and49, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
Answer this question in flashcards to review your response and continue practicing.