c What are the elements of intentional and culpable felonies DOLO 1 Freedom of

C what are the elements of intentional and culpable

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c. What are the elements of intentional and culpable felonies DOLO 1. Freedom of action; 2. Intelligence; and 3. Intent CULPA 1. Freedom of action; 2. Intelligence; and 3. Negligence, imprudence, lack of foresight, and lack of skill DOLUS/WITH MALICE The act is performed with deliberate intent (with malice) or has the intention of causing injury to another person When the offender, in performing an act or in incurring an omission, has the intention to do an injury to the person, property, right of another, such offender acts with malice. CULPA/ WITHOUT MALICE Between an act performed voluntarily and intentionally, and another committed unconsciously and quite unintentionally, there exists another, performed without malice, but at the same time punishable, though in a lesser degree and with an equal result, an intermediate act which the Penal Code qualifies as imprudence (deficiency of action) or negligence. Classification of felonies according to the means by which they are committed. Art. 3 classifies felonies, according to the means by which they are committed, into (1) intentional felonies, and (2) culpable felonies. Thus, the second paragraph of Art. 3 states that felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). A criminal act is presumed to be voluntary. Fact prevails over assumption, and in the absence of indubitable explanation, the act must be declared voluntary and punishable. ( People vs. Macalisang,) Three reasons why the act or omission in felonies must be voluntary. 1. The Revised Penal Code continues to be based on the Classical Theory, according to which the basis of criminal liability is human free will. 2. Acts or omissions punished by law are always deemed voluntary, since man is a rational being. One must prove that his case falls under Art. 12 to show that his act or omission is not voluntary. 3. In felonies by dolo, the act is performed with deliberate intent which must necessarily be voluntary; and in felonies by culpa, the imprudence consists in voluntarily , without malice, doing or failing to do an act from which material injury results. Therefore, in felonies committed by means of dolo, as well as in those committed by means of culpa, the act performed or the omis- sion incurred by the offender is voluntary, but the intent or malice in intentional felonies is replaced by imprudence, negligence, lack of foresight or lack of skill in culpable felonies.
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d. What is intent Intent refers to the use of a particular means to bring about the desired result. The use of a lethal weapon shows the criminal intent to kill although death may not result therefrom. Intent is a mental state, the existence of which is demonstrated by the overt acts of a person. The only way to know what is in the mind of a person is to look at the external manifestation thereof demonstrated by the overt acts or means employed.
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  • Spring '17
  • john doe

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