When is criminal liability incurred? It shall be incurred by any person committing a felony although the wrongful act done be different from that what is intended. What is error in personae? It is a mistake in identity of the victim. The penalty is that provided for in Article 49 of the Revised Penal Code that is, the penalty for lesser crime in its maximum. What is aberratio ictus? It is the mistake in the blow What is praeter intentionem? It is when the injurious result is greater that that is intended.