Indirect Assault
On Criminal Law
Indirect Assault
ARTICLE 149.
ELEMENTS:
1. The direct assault is committed against an agent of a person in authority;
2. That the offended party comes to the aid of such agent of a person in authority; and
3. That the offender makes use of force or intimidation upon the said offended party.
NOTES:
Indirect assault can be committed only when a direct assault is also being committed.
To be indirect assault, the person who should be aided is the agent and not the person in authority. In the latter case, it is already direct assault. According to Art 152: The person coming to the aid of the person in authority is considered an agent and an attack on the latter is already direct assault.
Art. 152 clothes any person who comes to the aid of a person in authority with the fiction of an agent of a person in authority. Any assault on him on the occasion of his aiding a person in authority or his agent in indirect assault.
ARTICLE 149.
ELEMENTS:
1. The direct assault is committed against an agent of a person in authority;
2. That the offended party comes to the aid of such agent of a person in authority; and
3. That the offender makes use of force or intimidation upon the said offended party.
NOTES:
Indirect assault can be committed only when a direct assault is also being committed.
To be indirect assault, the person who should be aided is the agent and not the person in authority. In the latter case, it is already direct assault. According to Art 152: The person coming to the aid of the person in authority is considered an agent and an attack on the latter is already direct assault.
Art. 152 clothes any person who comes to the aid of a person in authority with the fiction of an agent of a person in authority. Any assault on him on the occasion of his aiding a person in authority or his agent in indirect assault.
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