Criminal liability can be extinguished totally or partially. The total modes of extinction include: the death of the convict (which extinguishes personal penalties, and pecuniary penalties if death occurs before final judgment); service of the sentence; amnesty (which erases the offense itself); absolute pardon; prescription of the crime (the lapse of time within which to prosecute) and prescription of the penalty (the lapse of time to enforce a penalty); and the marriage of the offended woman in certain private crimes. The partial modes, which reduce rather than erase liability, include conditional pardon, commutation of the sentence, and the good conduct time allowance credited to a prisoner. Understanding these modes matters because they determine whether a person can still be prosecuted or made to serve a penalty. Prescription in particular is important: crimes and penalties prescribe after periods that depend on their gravity, and once a crime has prescribed, prosecution is barred.
Total Modes of Extinction
- Death of the convict (extinguishes personal penalties; pecuniary too if before final judgment);
- Service of the sentence;
- Amnesty (erases the offense) and absolute pardon;
- Prescription of the crime and of the penalty; and
- Marriage of the offended woman in certain private crimes.
Partial Modes
- Conditional pardon;
- Commutation of the sentence; and
- Good conduct time allowance credited to a prisoner.
Why Prescription Matters
Crimes and penalties prescribe after periods depending on their gravity. Once a crime has prescribed, prosecution is barred.
Practical Takeaways
- Criminal liability can be totally extinguished (death, service, amnesty, pardon, prescription) or partially (conditional pardon, commutation, GCTA);
- Death before final judgment extinguishes even pecuniary penalties;
- Prescription can bar prosecution — timing is critical.
Frequently Asked Questions
How is criminal liability totally extinguished? By the death of the convict, service of the sentence, amnesty, absolute pardon, prescription of the crime or the penalty, and the marriage of the offended woman in certain private crimes.
What are the partial modes of extinction? Conditional pardon, commutation of the sentence, and the good conduct time allowance credited to a prisoner, which reduce rather than erase criminal liability.
Does death end criminal liability? Yes. The death of the convict extinguishes personal penalties, and pecuniary penalties as well if death occurs before final judgment.
What is prescription of a crime? The lapse of the period within which a crime may be prosecuted. Once a crime has prescribed, based on periods that depend on its gravity, prosecution is barred.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.