Miyerkules, Hulyo 3, 2013

How to commit a crime without being prosecuted

Best thing one can learn from Criminal Law 1 is how to commit crimes without being prosecuted. Ladies and Gentlemen, here are two ways how.

1. The Philippines adheres to the English Rule where it stresses the territoriality rule. This means that when a private or merchant ship sails and an offense was committed on board, wherever that ship goes, the right to exercise jurisdiction shall always be awarded to the Philippines. Now, the other rule is the French rule which stresses the nationality principle. In the French rule, wherever the ship may be, if an offense was committed on board, the country where the ship belongs to shall have the right to prosecute the offender. 

This is what you have to do, find a country which adheres to the French rule, get into a Philippine ship that goes to that country and commit a crime on board. Since that country adheres to the French Rule, they will give the right to prosecute where the ship belongs to but we are adhering to the English rule so no court shall have the jurisdiction for your case.

2. Article 2 of the Revised Penal Code expresses the enforcement of the RPC not only within the Philippine territory but also those crimes committed outside Philippine territory against those who (Section 1) commit an offense on board a private or merchant ship or air ship shall be prosecuted in the Philippines provided that a. the merchant or private ship is registered under Philippine Laws, in the Maritime Industry Authority or MARINA and in the case of airships, in the Civil Aeronautics Administration and b. the crime was committed within the international waters. Meaning, those crimes committed on board a private or merchant ship cannot be prosecuted in the Philippines if the ship is not registered in MARINA.

Here's what you have to do. Rent a private motorboat, make sure it is not registered in the MARINA, sail into the international waters, make sure you are in the international waters and then commit the crime you want to commit. Since the motorboat is not registered in the MARINA, Article 2, Section 1 of the RPC cannot be enforced, therefore, you cannot be prosecuted.

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