Title
Amendments to Define Brigandage Crime and Duties
Law
Act No. 1121
Decision Date
Apr 27, 1904
Act No. 1121 amends previous acts to provide a comprehensive definition of brigandage and establish punishment for municipal officials who fail to address this crime, defining brigandage as a conspiracy of three or more persons who form a band of robbers with the intent to steal property or abduct individuals, and imposing death or imprisonment for a minimum of twenty years for those involved.

Law Summary

Evidentiary Standards for Conviction

  • Conviction does not require proof that any actual robbery, theft, or abduction was carried out.
  • It is sufficient if evidence shows beyond reasonable doubt that the accused was a member of such an armed band.
  • This broadens prosecutorial ability to secure convictions based on membership rather than specific criminal acts committed.

Liability for Aiding and Abetting Brigands

  • Persons knowingly aiding brigands face severe penalties.
  • Aiding includes providing information on police or military movements, receiving stolen property, supplying money, food, arms, ammunition, or other goods.
  • Harboring or assisting in the escape of any band member is also punishable.
  • Penalties for such aiding or abetting range from ten to twenty years imprisonment.

Municipal Police as Public Officers

  • The law amends prior legislation relating to the organizational structure and duties of the Constabulary and municipal police.
  • It specifically recognizes municipal policemen as municipal officers for legal purposes under the relevant statutes.

Legislative Procedure and Effectivity

  • The act emphasizes the urgency and public necessity for swift enactment.
  • It follows a special expedited legislative process as prescribed in prior procedural laws.
  • The act takes effect immediately upon passage, ensuring rapid enforcement.

Penal Provisions and Public Policy

  • The law imposes stringent penalties reflecting the serious threat brigandage poses to public order and property.
  • It balances the prosecution’s need to act on conspiracy and band membership with protections against wrongful convictions by requiring evidence beyond reasonable doubt.
  • Punishments serve both as retribution and deterrence against organized armed robbery and abduction.

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