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Challenging to a duel, Revised Penal Code

1. Concept and legal basis

Article 261. Challenging to a duel. – The penalty of prision correccional in its minimum period shall be imposed upon any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel. (Act 3815, Revised Penal Code)

2. Elements of the offense

Elements of the offense:

1) That the offender:

a) Challenged another to a duel; or

b) Incited another to give or accept a challenge to a duel; or

c) Scoff at or decry another publicly for having refused to accept a challenge to fight a duel.

2) Whether the duel actually took place is immaterial.

References

Title 8 – Crimes Against Persons, Book 2, Revised Penal Code

/Updated: January 18, 2023

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