Renunciation: In Law

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Avatar for ArchBishop
3 years ago
Topics: Law

At law, renunciation occurs when a defendant (someone who is charged with a crime) can show that he voluntarily abandoned his attempt of a crime before the crime was completed. It is a classic defense in a criminal case. Abandoning the attempted crime because of a threat of imminent apprehension is not considered a "voluntary" abandonment.

Hypothetical 1: On January 5, 2021, Sule and Suraju agreed to steal Apostle Kabiru's car. The operation was scheduled for January 8, 2021. On January 7, 2021, Sule unambiguously informed Suraju that he was backing out. Suraju, an unrepentant thief, was later caught in the act by the police. During a custodial interrogation, a police detective asked Suraju if he had an accomplice, and he mentioned Sule. At law, if Sule can sufficiently establish the defense of renunciation, he will be found NOT guilty for the foiled stealing of Apostle Kabiru's car.

Hypothetical 2: Assuming that Sule did not back out of the agreement to steal Apostle Kabiru's car beforehand, and while they were both surveilling the area, some police officers spotted them, leading Sule to unambiguously informed Suraju that he was backing out. They were later arrested for attempting to steal the car. In this case, Sule's decision was triggered by the police presence, so there was no voluntary abandonment. Sule cannot plead the defense of renunciation.

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