Physical Injuries Inflicted In A Tumultuous Affray
On Criminal Law
ART.252
ELEMENTS:
1. That there is a tumultuous affray as referred to in the preceding
article;
2. That a participant or some participants thereof suffer serious
physical injuries or physical injuries of a less serious nature
only;
3. That the person responsible therefor cannot be identified; and
4. That all those who appear to have used violence upon the person
of the offended party are known.
Persons liable: All those who have used violence on the person of
the offended party.
Injured party must be a participant of the tumultuous affray
If the one who caused physical injuries are known, he will be liable
for physical injuries actually committed
Slight physical injuries not included
Physical injury should be serious or less serious
No crime of physical injuries resulting from a tumultuous affray if
the physical injury is only slight. Slight physical injury is
considered as inherent in a tumultuous affray.