Philippine Bar review · Topic
Spontaneous Desistance
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- Does a weapon jam that externally prevents further execution by itself establish spontaneous desistance?
- A bystander blocks completion of an attack. Months later the victim signs a document called an affidavit of desistance.…
- An offender is stopped by a broken weapon and later apologizes sincerely. He says the apology alone retroactively turns…
- An assailant pauses behind a wall only to reload, maintains the plan to continue immediately, and is arrested before re…
- A complainant’s later affidavit concerns whether to pursue a case, while independent proof shows the offender was physi…
- Distinguish an offender’s spontaneous desistance from a complainant’s later affidavit of desistance.
- An assailant pauses to reload and intends immediate continuation but is arrested. Explain why the pause is not necessar…
- A weapon fails and the offender later apologizes. Can the apology alone establish earlier spontaneous desistance?