crim law

Isi roda ini (101 pilihan)

• is that branch of law which defines crimes, treats of their nature, and provides for their punishment
• is defined as an act committed or omitted in violation of public law forbidding or commanding it
• is a person formally charged in court for having violated a penal law – either the Revised Penal Code or a special law
• 5 Sources of Philippine Criminal Law:
• meaning that a penal law cannot make an act punishable when it was not punishable when committed.
• Exceptions to the general application of criminal law:
• our criminal law undertakes to punish crimes committed only with the Philippine territory. Outside of the parameters of the Philippines archipelago, Philippine criminal laws cannot be enforced.
• meaning that a penal law
• are acts and omissions punishable by law. The word “felony” has been understood to mean an act or omission punished by the Code; it does not cover a crime punished by special laws.
• that is, when the act is performed with deliberate intent, but also by means of fault (culpa) meaning, when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
• punishable by special laws
• those which the law attaches the capital punishment or penalties which in any of their periods are afflictive in accordance with Art. 25 of the RPC
• those which the law punishes with penalties which in their maximum period are correctional
• those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding two hundred pesos, or both, is provided
• crime which are wrong from their nature, such as murder, theft, rape, etc.
• are wrong, merely because they are prohibited by statute, like illegal
• (mistake in the identity of the victim)
• (mistake in the blow)
• (injurious result is greater than that intended)
• an act performed with malice which would have been an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. This Court, having in mind the
• giving a person a drink mixed with sugar which the accused believed to be poison
• if it were really poison, the quantity is not sufficient to kill
• it exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it
• it exists when the person who has decided to commit a felony proposes its execution to some other person or persons
• the basis of criminal liability is human free will and the purpose of the penalty is retribution
• the basis of criminal liability is the sum of the social, natural and economic phenomena to which the actor is exposed. The purposes of penalty are prevention and correction
• combines the good features of classical and positivist theories
• such crimes are not triable in the courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered
• such crimes are triable in that country, unless they merely affect things within the vessel or they refer to the internal management thereof
• are acts and omissions punishable by the Revised Penal Code
• is the moving power which impels one to action for a definite result
• is the purpose to use a particular means to effect such result
• whenever a penal law is be construed or applied and the law admits of two interpretation, one lenient to the offender and one strict to the offender, that interpretation which is lenient or favourable to the offender will be adopted
• these are crimes that are consummated in a single act. They do not admit stages of execution. Examples: Slander (oral defamation), libel, perjury, slilght physical injuries
• are crimes which have various stages of execution
• these are crimes where all the elements took place in one jurisdiction, such as theft, homicide.
• these are crimes where the elements took place in different jurisdictions such as estafa, kidnapping and abduction
• these are crimes which involve the use of force, violence, terror, fraud, deception, economic pressure, or any other illegal means, to create, maintain, or enhance the power, interest, or ideology of a group, organization, or institution, to the detriment
• these are crimes which require that the offended party file a complaint for the criminal case to be instituted
• it is that cause, which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury without which the result would not have occurred
• it indicates deficiency of action, failure to take the necessary precaution to avoid injury to person or damage to property
• it indicates deficiency of perception, failure to pay proper attention, and to use diligence in foreseeing the injury or damage impending to be caused
• it is one which makes criminal an act done before the passage of the law and which was innocent when done, and punishes such act
• it is the suffering that is inflicted by the State for the transgression of the law
• has the authority to enact penal laws
• it is a minor infraction of the law, such as a violation of an ordinance
• El que es causa de la causa es causa del mal causado – he who is the cause of the cause is the cause of the evil caused
• are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability.
• the 5 justifying circumstances
• are those where the actors are granted freedom from charge or immunity from burden for reasons of public policy and sentiment even if their acts constitute a crime.
• are those grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent.
• is one who, while advanced in age, has a mental development comparable to that of children between 2 and 7 years of age.
• is a person who at the time of the commission of the offense is below 18 years old but not less than 15 years and one day old.
• refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in a battering relationships as a result of cumulative abuse
• is one who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights. Battered woman include wives or women in any form of intimate relation
• are those grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent.
• is one who, while advanced in age, has a mental development comparable to that of children between 2 and 7 years of age.
• Actus me invito factus non est meus actus
• are those which do not entirely free the actor from penal responsibility but serve only to lessen or reduce the penalty imposable
• Classes of mitigating circumstances:
• it can be offset by aggravating circumstances, and which if present tends to reduce the penalty by periods
• it cannot be offset by any aggravating circumstances, and which if present tends to reduce the penalty by degrees
• are those which, if attendant in the commission of the crime, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by law for the offense.
• those that can generally apply to all crimes.
• those that apply only to particular crimes.
• those that change the nature of the crime
• those that must of necessity accompany the commission of the crime
• also called a person in authority. He is a public officer who is directly vested with jurisdiction, that is, a public officer who has the power to govern and execute the laws.
• refers to a building or structure, exclusively used for rest and comfort
• Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.
• the period of darkness beginning at end of dusk and ending at dawn. Nights are from sunset to sunrise.
• is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC.
• it occurs when a person, within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of any of said crimes a third time
• any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony
• involves trickery and cunning on the part of the accused
• in involves insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design
• resorting to any device to conceal identity
• There is _________ when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which
• is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury cause by the crime
• it exits when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act Ignominy involves moral suffering, while cruelty refers to physical suffering.
• are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission
• 3 classes of principals:
• is one who, not having participated as principal, cooperates in the execution of the offense by previous or simultaneous act
• are those who, having knowledge of the commission of the crime, and without having participated in therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:
• is the act of any person, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which h
• includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing
• is the suffering that is inflicted by the State for the transgression of law
• is the punishment imposed by lawful authority upon a person who commits an unlawful, deliberate or negligent act
• those expressly imposed by the court in the judgment of conviction
• are those that are deemed included in the principal penalties imposed
• DURATION OF PENALTIES
• it prohibits the imposition of death penalty and provides for the imposition of the penalty if reclusion perpetua in lieu of death
• is required for the imposition of the death penalty.
• is composed of two or more crimes that the law treats as a single indivisible and unique offense for being the product of a single criminal impulse. It is a specific crime with a specific penalty provided by law.
• is a disposition under which a defendant, after conviction and sentence, is released to conditions imposed by the court and to the supervision of a probation officer
• is defined an as person under 18 years
• a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws
• it is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed
• is the forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain time
• is the loss or forfeiture of the right of the State to enforce the penalty imposed on a convict due to the lapse of time from the time the convict evaded the service of his sentence
• it is an act of the sovereign power granting oblivion or a genral pardon for a past offense, and is rarely, exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons, who