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Question XVIII

2014 Bar · Criminal Law · 2 sub-questions

XVIII. Manolo, an avid art collector, was invited to Tonio’s house. There, Manolo noticed a nice painting that exactly looked like the painting which he reported was stolen from him some years back. Manolo confronted Tonio about the painting, but Tonio denied any knowledge, claiming that he bought the painting legitimately from a friend. Manolo later proved to Toniothat the painting was indeed the stolen painting. (4%)
(a)(A) What crime/s, if any, may Tonio be charged with?
(b)(B) Manolo decided to take matters into his own hands and, one night, broke into Tonio’s house by destroying the wall and taking the painting. What, if any, would be the liability of Manolo?

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