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Jurisprudence Criminal Law

Praeter Intentionem

When the Resulting Harm is Greater than Means Employed by the Offender

“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.

In People vs. Ural, praeter intentionem is a mitigating circumstance “that the offender had no intention to commit so grave a wrong as that committed” (Par. 3, Art. 13, Revised Penal Code). It is manifested from the proven facts that appellant Ural had no intent to kill Napola.

His design being only to maltreat him, may be because in his drunken condition he was making a nuisance of himself inside the detention cell. Such that when he realized the fearful consequences of his felonious act, he allowed the victim to secure medical treatment at the municipal dispensary

People vs. Ural, G.R. No. L-30801 March 27, 1974

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