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NNY_s_Reviewer_Criminal_Law_Book_1_SAN_B.pdf - cc...

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Unformatted text preview: cc       c        !  "" #! $!  ""  !" $ %" & %'   !& $ $ $! % (  Two Theories in Criminal Law 1. The classical theory 2. Positivist theory Characteristics of CT 1. The basis of CL is human free will and the purpose of the penalty is retribution. 2. The man is essentially a moral creature with an absolutely free will to choose between god and evil, thereby placing more stress upon the effect or result of the felonious act that upon the man, the criminal himself. 3. It has endeavored to establish a mechanical and direct proportion between crime and penalty. 4. There is a scant regard to the human element.    ) `          # *+  + $$   !    $   " + "    ++  ' ! +   " ! $ !  ,  " $   % !  ! -!++   !+ .'  &$ .   +! '         $   / ' ,& &$"0&  $ ' .  !!1    !&$    ""  !    -!++  !+    !+ ) !&$" . &  " %  &  % "! -!++   $   ,.   $ &  &$ ,% ! 2   " ! -!++   $3!  ,  &    , % 4  !&$ ,  , "    $ ! !   $&   ! $"!,.   $&    $  !+ $ . & , 3  5 !, .+&,""   +%'!&$   ""  !* "! "&  3  6  !&$   % " !    .     & % $! "  '$" $  ""! $   -rench rule - 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. English rule - Such crimes are triable in that country, unless they merely affect things within the vessel or they refer to the internal management thereof. -  `  `   `--  ``     4   #  $    +& ! , ,%    " 7  8  9   $  %,  "$7 8,& ,%  "" &7 8  !   $!  !   + " $! $,     $ !   " & !  !   ."&  & "    + &$ ' .. ' "" .!'  "   -elonies ð Are acts and omissions punishable by the revised penal code. Elements of felonies: 1. That there must be an act or omission. 2. That the act or omission must be punishable by the Revised Penal Code. 3. That the act is performed or the omission incurred by means of Dolo or Culpa. Act ð 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. Omission ð Is meant inaction, the failure to perform a positive duty which one is bound to do. Classification of felonies: 1. Intentional -elonies ð The act or omission of the offender is malicious. 2. Culpable -elonies ð The act or omission of the offender is not malicious. ð Unintentional. Imprudence- indicates a deficiency of action. Negligence ð indicates a deficiency in perception. Requisites of dolo 1. -REEDOM ± without this, he is no longer a human being but a tool 2. INTELLIGENCE ± necessary to determine morality of human acts 3. INTENT ± to commit the act with malice Mistake of fact ( ? ??   ð Misapprehension of fact on the part of the person who caused injury to another. Requisites: 1. Act done would have been lawful had the facts been accused believed them to be 2. Intention should be lawful 3. Mistake should be without fault or carel essness on the part of the accused. Actus non facit reum nisi mens sit rea ³ the act itself does not make a man guilty unless his intention were so´ Actus me invite factus non est meus actus ³an act done by me against my will is not my act´ Requisites of culpable -aelonies: 1. -REEDOM ± without this, he is no longer a human being but a tool 2. INTELLIGENCE ± necessary to determine morality of human acts 3. He is IMPRUDENCE, NEGLIGENCE, LACK O- -ORESIGHT OR SKILL while doing the act or omitting to do an the act. [ ? [ ??  ° Mala in se ± wrongful in nature; inherently immoral (i.e. rape, theft, murder  There must be criminal intent Mala Prohibita ± wrong merely because prohibited by statute; punished by special law (i.e. illegal possession of firearm s  it is sufficient if the prohibited act was intentionally done  Good faith and absence of criminal intent are not valid defenses in crimes punished by special laws Motive and Intent ° Motive ± moving power which impels one to action for a definite result  Relevant if identity of accused is in dispute  Existence however is not sufficient proof of guilt ° Intent ± purpose to use a particular means to effect such result ° ð   5  #    ,%! , & $1    % % +     .  " % 7  8 !&.! !   ."& $ ,$""  "  ! !!!  $$  ) % %+  + "  .  !!&$, ""  .   +     + + %'     "  !  !    +,% "   +!      &  " !  +%  " $:&   ""&      @             ± he who is the cause of the cause is the cause of the evil caused. Error in personae -a mistake in the identity of the victim Means that there is a rational connection between the act of the accused and the resulting injury or damage. Impossible Crimes ± commission is indicative of a criminal propensity or tendency on the part of the actor. Requisites of IC 1. Act is an offense against persons/property 2. With evil intent 3. Accomplishment is inherently impossible or means employed is either inadequate or ineffectual. 4. Act should not constitute a violation of another provision of the RPC Aberratio ictus - misateke in the blow Praeter intentionem - injuries result in greater than that intended. Requisites of PAR 1: 1. Intentional felony has been commmited. 2. Wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender. Proximate cause  that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause produces the injury, and without which the result wo uld not have occurred Natural ð Refers to an occurrence on the ordinary course of human life or events Logical -elonies against persons are: a. Parricide b. Murder c. Homicide d. Infanticide e. Abortion f. Duel g. Physical Injuries h. Rape -elonies against property: a. Robbery b. Brigandage c. Theft d. Usurpation e. Culpable insolvency f. Swindling and other deceits g. Chattel mortgage h. Arson and other crimes involving destruction i. Malicious mischief.     6                                        # !    &  !   $. " %  !! %$ + +  +  $!! +& ! ,,%  '!   $ !+ + $ ' $!  + ! !" *&' ! &.! ! +    " &' !    !!  $&!& ,!  $ !&$, $!&,0 ".     !    %' ! &  !  &,   ! !" *&' ! &.! ! +    " &' &!      % , $ $ + + ' !& &+ $ . ! *&  "  !   ' !    "   "!+  "! $&$ &   !  +  "   % * + %'   .    $   ! $.  "  $ !  0& %  &$ ,% ! ""    1st PAR: 1. The act commited by the accused appears not punishable by any law. 2. But the court deems it proper to repress such act. 3. The court must render the proper decision by dismissing the case and aquitting the accused. 4. The judge must then make a report to the CE, through the sec o f Justice, stating reasons which induce him to believe that the said act should be made the subject of penal legislation. Basis: ³Nullum crimen, nulla poena sine lege ³ there is no crim if there is no law that punishes the act. 2nd PAR: 1. The court after trail finds the accused guilty. 2. The penalty provided by law and which the court imposes for the crime committed appears to be clearly excessive because a. The accused acted with lesses degree of malice b. There is no injury or the injury caused is of lesses gr avity. 3. The court should not suspend the execution of the sentence 4. The judge should submit a statement to the CE, through the secretary of justice, recommending executive clemency.    ;                #  & $ "     ! !!  " & $ $  +$' +& ! ,   " %   & $ !   !     % "   *&  $  +!   +  3 $" & $!  !"" $ + "  ! "*& ! !&$+ $& !" %   :& ,&!!'  !'$ + $& ,%   " & $+ $ "!"!+ +   !    +! !"" $   !  "  " % $ %     ' $ $   + "   !  " *& !!!&$+ $&!" %,%   "  &   $ ! ! ! +  &$    Stages of execution: Consummated felony ð When all the elements necessary for its execution and accomplishment are present. -rustrated felony ð 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 wil of the perpetrator. Elements: 1. Offender performs all acts of execution 2. All the acts would produce the felony as consequence 3. But felony is not produced 4. By reason or cause independent of his will Attempted felony ð 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 that his own spontaneous desistance. Elements: 1. The offender commences the commission of the felony directly by overt acts. 2. He does not perform all the acts of execution which should produce the felony 3. The offender¶s act is not stopped by his own spontaneous desistance 4. The non performance of all acts of execution was due to cause or accident other than his spontaneous desista nce. Overt acts ð Some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense Indeterminate offense ð Where the purpose of the offender in performing an act is not certain. Subjective phase ð The proportion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to the point where he has till control over his acts, including their natural course. the felony consequence. a and does not perform all the acts of execution.  +$<9 & $  +,   The evil intent of the offender is not accomplished. The evil intent is It cannot be possible of accomplished accomplishment Prevented by the The means employed by intervention of certain the offender is cause or accident in inadequate or which the offender had ineffectual. no part. How to determine whether it is A, - or C? 1. The nature of the offense 2. The elements constituting the felony 3. The manner of committing.    =           # .! "   +& ! ,  % !  !% !  ,   & $' ! ! *+ "! $ .  +   + + %  Light -elonies ð Those infractions of law for the commission of which the penalty of arresto menor or fine not exceeding 200 pesos or both, is provided. Development of crime: 1. Internal acts ±mere ideas in the mind of a person 2. External acts a. Preparatory acts b. Acts of execution. 9 & $" %  +$9 % Offender has not accomplished his criminal purpose The offender performed Merely commences the all the acts of execution commission of a felony which would produce directly by overt acts as L- punished by RPC 1. Slight physical injuries 2. Theft 3. Alteration of boundary remarks 4. Malicious mischief 5. Intriguing against honor.          >         #  + % $ + +  " % +& ! , % !  !! ! + %+ $ + %! "   + %*!    +     .       .!  " " % $$$   !   + +  !  ! +   ! !  $$$     " %+ +*&  ! +   +    Requisites of conspiracy: 1. That 2 or more persons came to an agreement. 2. That the agreement concerned the commission of a felony 3. The execution of the felony be decided upon. Conspiracy punished by law: 1. to commit treason (also proposal 2. to commit coup d¶état, rebellion or insurrection (also proposal 3. to commit sedition 4. in monopolies and combinations in restraint of trade Requisites of proposal: 1. A person has decided to commit a felony. 2. That he proposes its execution to some other person/persons.   ? è            #  2  "   !  !! !    ! !  +  +& !   + !!  %"! + $  ""'   $ !  )6"! $   . "  !!!! +& ! !+  !!   !  * &  + $    '    $   ! ! ,(   $    .! "   !  "   "   "  !    " !! + %"      "  *$ .)@@+  ,!3+ $$   Classification of felonies acc to their gravity 1. Grave felonies 2. Less grave felonies 3. Light felonies Afflictive Penalties o o o o o Reclusion perpetua Reclusion temporal Perpetual/temporary absolute disqualification Perpetual/temporary special disqualification Prison mayor Correctional penalties o o o o Prison correccional Arresto mayor Suspension Destierro     @                    # "" !!   !"&&  %,+& ! ,& $ +     &,0! +  "! $ ! $! , &++   %  &!  ' &  !    !&$ + % + $!  %   2 clauses:   Offenses under special laws are not subject to the provisions of the code. )  Makes code supplementary to such laws. Special law ð A penal law which punishes acts not defined and penalized by the Penal code.  $    , % " !    +%$ +    +  ! $    " &""  +      ! +  " ! +  $" $ .! "  ! +  A9 c2  ABc  c  ABc C CDB-9B Bc    Imputability ð Is the quality by which an act may be ascribed to a person as its author or owner. Responsibility ð The obligation of suffering the consequences of crime. Imputability Implies a deed may be imputed to a person Responsibility Implies that the person must take the consequence of such a deed. Guilt - an element of responsibility, for a man cannot be made to answer for the consequences of a crime unless he is guilty. Justifying circumstances - are those where the act of a person is said to be in accordance with law, so that such perosin is deemed not have transgressed the law and is free from both criminal and civil liability.     —      # ! " . $   &  %      ,%1     %  !    $"  " ! +     .!' + $$ !  ! " .  &    & 3   9  A  "& ..   )   %  !   $"  " ! +     .! " ! +&'  $ ' $ $ '   . ' &    $+$ , !     '   !   ,% "" %   !   $.  $ !   .& % !  ! "& !  $. ' + $$ !  ! "  $  $ :& +  ,$   ! * + $ .  &    +  ' $!"& !  :&'  !    . ,% !+    $'! !   .$" ! $ +  !    4  %  !    $"  " ! +     .! "   . ' + $$ !  ! "  $  $ :&   $ !"  &  "!    +   $ !  ! +   $" $ . ,   $&$ ,%  .'    ' !     5  %+  !'  $  $   0& %'$   !!  & $ .  ! ' + $$ !  ! " . :&  +  3   9  ! !&.!, $$ & %*3   $ ! ! 0& %" $,.   ! ! $   $3 ! $ ! ! , ! +   $! "&  "+   .  6  % +   !    ! "&"   "  $&%     !  "&* "  .! ""   ;  % +   !    ,$     $  &$ ,%  &+  "   "&+& +        ?     ?     ?    ?      ?  ?        -?      ?  !        ?               ?  "? #$  ??  ?            ? ?   Requisites of self-defense 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it. 3. Lack of sufficient provocation on the part of the person defending himself. 2 kinds of aggression 1. Lawful 2. Unlawful Unlawful aggression ð Equivalent to assault or at least threatened assault of an immediate and imminent kind. Perils to one¶s life 1. Actual - that the danger must be present, that is, actually in existence. 2. Imminent - that the danger is on the point of happening. The reasonableness of the ne cessity depends upon: 1. Necessity of the course of action taken. a. Place and occasion of the assault considered. 2. Necessity of the means used. The test of reasonableness of the means used: 1. The nature and quality of the weapons 2. Physical condition, character and size. 3. Other circumstances considered. 3RD requisite considered present: 1. When no provocation at all was given to the aggressor by the person defending himself. 2. When, even if a provocation was given, it was not sufficient 3. When, even if the provocation was sufficient, it was not given by the person defending himself. Sufficiency of provocation 1. Means should be proportionate to the act of aggression 2. Adequate to stir the aggressor to its commission. Battered woman ð 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. Cycle of violence 1. The tension-building phase ð Verbal or slight physical abuse or another form of hostile behavior. 2. The acute battering incident ð Brutality, destructiveness ...
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