2024 Crim Law 1

이 룰렛의 항목 (153개)

When did the Revised Penal take effect?
These are laws having provisions defining offenses and prescribing penalties for their violation.
These are laws that define crimes, treat of their nature, and provide for their punishment.
It is a classification of crimes which are wrong in themselves.
It is a classification of crimes which would not be wrong but for the fact that positive law forbids them.
What is the degree of proof which produces conviction in an unprejudiced mind.
It is a law which makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act.
It is a legislative act which inflicts punishment without trial.
It is a law which aggravates a crime, or makes it greater that it was, when committed.
It is a law which changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed.
it is a law which alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense.
It is a law which deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty
Under this theory, the basis of criminal liability is human free will.
Under this theory, the basis of criminal liability is the sum total of the social and economic phenomena to which the offense is expressed.
This theory in criminal law affirms that the primary function of punishment is the protection of society against actual and potential wrongdoers.
It is the rule which states that when the evidence of the prosecution and the defense are so evenly balanced, the appreciation of such evidence call for tilting of the scales in favor of the accused.
What is the English translation of "In Dubio Pro Reo"?
It is the doctrine that a court, in construing an ambiguous criminal statute that sets out multiple or inconsistent punishment, should resolve the ambiguity in favor of the more lenient punishment.
It refers to the interpretation favorable to the accused where a law admits of several interpretations.
Give the 4 requisites in order for double jeopardy to attach.
What are the 2 exceptions on the rule on double jeopardy?
It is a principle which states that the provisions of the Revised Penal Code shall be enforced within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone.
It is a principle which states that the provisions of the Revised Penal Code shall also be enforced of the Philippines jurisdiction.
Give the 5 circumstances where the Revised Penal Code shall also be enforced outside the jurisdiction of the Philippines.
These are acts of the Legislature which prohibit certain acts and establish penalties for their violations; or those that define crimes, treat if their nature, and provide for their punishment.
It is produced by the criminal act which is sought to be repaired thru the imposition of the corresponding penalty.
It is caused to the victim of the crime which injury is sought to be compensated through indemnity which is civil in nature.
It is a latin maxim which states that a crime is not committed if the mind of the person performing the act complained of is innocent.
It is a classification of felonies wherein the act or omission of the offender is malicious.
It is a classification of felonies wherein the act or omission of the offender is not malicious.
These are felonies that involve those wrongs done as a result of an act performed without malice or criminal design.
These are felonies that concern whose wrongs in which a deliberate malicious intent to do an unlawful act is present.
It is a mental state or condition prompting the doing of an overt act without legal excuse or justification from which another suffers injury.
It is the moving power that impels one to action for a definite result.
It consists of a voluntary act done without malice, from which an immediate personal harm, injury, or material damage results by reason of an inexcusable lack of precaution or advertence on the part of the person committing it.
It comprises of an act done without grave fault, from which an injury or material damage ensues by reason of a mere lack of foresight or lack of skill.
It is that cause which in natural and continuous sequence, unbroken by an efficient intervening cause, produces the injury, and without which the result would not have occured.
It is characterized by aiming at one but hitting the other due to imprecision in the blow.
It is characterized in which the felony committed befalls a different person.
It is factor affecting criminal liability where more serious consequences not intended by the offender result from his felonious act.
It occurs when where the intended acts, even if completed, would not amount to a crime.
It occurs when extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime.
A felony is ____________ when all the elements necessary for its execution and accomplishment are present.
A felony is _____________ when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
A felony is ___________ when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.
These are infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding P40,000.00 or both is provided.
Who are the two criminally liable for light felonies?
It exists when 2 or more persons come to an agreement concerning the commission of a felony and decide to commit it.
It is a kind of conspiracy where there is a single person or group called the hub, dealing individually with 2 or more other persons or groups called the spokes.
It is a kind of conspiracy that involves individuals linked together in a vertical chain to achieve a criminal objective.
__________ felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive.
___________ felonies are those which the law punishes with penalties which in their maximum period are correctional.
Give the 1 capital punishment.
Give the 5 afflictive penalties.
Give the 4 correctional penalties.
Give the 2 light penalties.
It is defines as a penal law which punishes acts not defines and penalized by the Revised Penal Code.
There is _________ when the act is performed with deliberate intent.
There is _________ when the wrongful acts results from imprudence, negligence, lack of foresight, or lack of skill.
Mistake in the blow is also known as __________.
Mistake of identity is also known as ____________.
Injurious result is greater than that intended is also know as _____________.
This means that criminal liability shall be incurred by any person performing an act which would be 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.
Give the 6 justifying circumstances.
What is the degree of proof to prove self-defense?
What are the 3 elements to satisfactorily prove self-defense?
What are the 3 elements to prove defense of a relative?
Give the 5 relatives of the accused in defense of a relative?
What are the 3 elements to prove defense of a stranger?
What are the 3 requisites to prove avoidance of greater evil or injury?
Give the 6 exempting circumstances.
It is defined as feeblemindedness or a mental condition approaching that of one who is insane.
What is the degree of proof to prove insanity?
It is an occurrence that happens outside the sway of our will, and although it come about through some act of our will, lies beyond the bounds of humanly foreseeable consequences.
What is the English translation of the maxim "actus me invito factus non est meas actus)?
It refers to a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, etc.
It refers to a person under the age of 18 years.
It refers to a child who is vulnerable to and at the risk of committing criminal offense.
It refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippines laws.
It is that mental capacity of a minor to fully appreciate the consequences of his unlawful act.
It refers to offenses which discriminate only against a child, while an adult does not suffer any penalty committing similar acts.
Give the 4 offenses not applicable to children.
It presupposes the consideration not only of the nature and quality of the weapons used by the defender and the assailant - but of the totality of circumstances surrounding the defense vis-a-vis, the unlawful aggression.
He is one who, while in advanced age, has a mental development comparable to that of children between 2 and 7 years of age.
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?
It is an actual physical assault or at least a threat to attack or inflict physical injury upon a person.
It means an attack with physical force or with a weapon, an offensive act that positively determines the intent of the aggressor to cause the injury.
It means an attack that is impending or at the point of happening. It must not consist in a mere threatening attitude; nor must it be merely imaginary, but must be offensive and positively strong.
These are mitigating circumstances which can be offset by generic aggravating circumstances.
These are mitigating circumstances which cannot be offset by aggravating circumstances.
Give at least 5 mitigating circumstances.
It is defined as any unjust or improper conduct or act of the victim adequate enough to excite a person to commit a wrong, which is accordingly proportionate in gravity.
What are the elements of voluntary surrender?
There is _____________ when the crime was committed due to an uncontrollable burst of passion provoked by prior unjust or improper acts, or due to a legitimate stimulus so powerful as to overcome reason.
Give the requisites of voluntary confession of guilt.
Give at least 5 aggravating circumstances.
It is a kind of aggravating circumstance that can generally apply to all crimes.
It is a kind of aggravating circumstance that applies only to a particular crime.
It is a kind of aggravating circumstance that changes the nature of teh crime.
It is a kind of aggravating circumstance that must of necessity accompany the commission of the crime.
It is a form of repetition where a person 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.
It is a form of repetition wherein the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
It is a form of repetition wherein a person, within a period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa, or falsification, he is found guilty of any of said crimes a third time or oftener.
It is a form of repetition wherein a person commits 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 the law for the new felony.
It exists when the execution of the criminal act is preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment.
This aggravating circumstance is appreciated when the aggressors purposely use excessive force out of proportion to the means of defense available to the person attacked.
There is _____________ when the offender commits any of the crime against the person, employing means, methods, or forms in the execution thereof which tend directly and especially to insure its execution, without risk to himself arising from the defense which the offender party might take.
It is a circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the crime.
There is ____________ when an entrance is effected by a way not intended for the purpose.
It is considered as an aggravating circumstance only when it is deliberately sought to prevent the accused from being recognized or to ensure escape.
It means that whenever a penal law is to be construed or applied and the law admits of two interpretations – one lenient to the offender and one strict to the offender, that interpretation which is lenient or favourable to the offender will be adopted.
It means that penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory subject to the principles of public international law and treaty stipulations.
It states that penal laws of the Philippines are enforceable only within the Philippines.
It is a theory in aerial jurisdiction which states that the subjacent state has complete jurisdiction over the atmosphere above it subject only to the innocent passage by aircraft of a foreign country.
Which branch of the government that has the authority to enact penal laws?
Is is a legal maxim which states that there is no crime there is no law punishing the same.
These refer to acts or omissions performed or incurred with deliberate intent (with malice) to cause an injury to another.
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 of, or destruction of other rival groups, often causing fear in and victimization of innocent persons.
Give the elements of treachery.
Give the elements of the aggravating circumstance of abuse of confidence.
He is one directly vested with jurisdiction, that is, a public officer who has the power to govern and execute the laws whether as an individual or as a member of some court or governmental corporation, board or commission.
He is a person, who, by direct provision of law, or by election or by competent authority, is charged with the maintenance of public order and the protection an security of life and property and any person who comes to the aid of persons in authority.
What is the basis of liability in praeter intentionem as a mitigating circumstance?
What is the basis of liability of physical defects as a mitigating circumstance?
It is a cause which has lawfully, morally, or physically prevented a person to do what the law commands.
Give the elements of exempting circumstance of accident.
These refer to acts which would have been an offense against persons or property, but the crime is not produced by reason of its inherent impossibility of accomplishment or on account of inadequate or ineffectual means.
These are crimes where all the elements took place in one jurisdiction.
These are crimes where the elements took place in different jurisdictions.
It is referred to as the reason which prompts the accused to engage in a particular criminal activity.
It indicates deficiency of action, failure to take the necessary precaution to avoid injury to person or damage to property. Usually involves lack of skill.
It indicates deficiency of perception, failure to pay proper attention, and to use diligence in foreseeing the injury or damage impending to be caused. Usually involves lack of foresight.
It refers to any bodily movement tending to produce some effect in the external world, it being unnecessary that the same be actually produced, as the possibility of its production is sufficient.
It is the suffering that is inflicted by the State for the transgression of the law.
It is a minor infraction of the law, such as a violation of an ordinance.
These are crimes which require that the offended party file a complaint for the criminal cases to be instituted.
It is a cause that does not necessarily or immediately produce an event or injury.
Give the requisites of the justifying circumstance of avoidance of greater evil or injury.
It is a circumstance which the act is considered to have been done within the bounds of law; hence, legitimate and lawful in the eyes of the law.
It is a theory in criminal law that combines the positivist theory and classical thinking.
It is the mental capacity to tell right from wrong.
It is a term that signifies crime that is considered wrong in and of itself.
What the is the English translation of the legal maxim"el que es causa de la causa es causa del mal causado?
It is legal maxim which means "he who is the cause of the cause is the cause of the evil caused".
It is a doctrine which states that a person may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.
It refers to a series of activities which are designed to address issues that caused the child to commit an offense.
It is an exempting circumstance whereby the offender uses violence or physical force to compel another person to commit a crime.
What is the basis of liability of taking advantage of public officer as an aggravating circumstance?
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?