33907867 Criminal Law 2 Finals Reviewer

CRIMINAL LAW 2 – FINALS

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INTENT → ACT → RESULT → INJURY & PENALTY

CRIMES AGAINST PERSONS 246. PARRICIDE Elements: 1) PERSON is KILLED 2) DECEASED is KILLED BY ACCUSED 3) DECEASED is RELATED TO ACCUSED: - (IL) LEGIT PARENT/CHILD - LEGIT other ASCENDANT/DESCENDANT - LEGIT SPOUSE PARRICIDE - based on RELATIONSHIP - committed only by RELATIVES enumerated - CONSPIRACY INAPPLICABLE. Separate info must be filed - concealing mother’s dishonor not a mitigating circumstance

INFANTICIDE - based on AGE OF CHILD - may be committed by STRANGERS - CONSPIRACY APPLICABLE. Only one info filed - concealing mother’s dishonor is mitigating

+ RELATIONSHIP MUST BE ALLEGED IN INFO LEGIT except for parent and child DIRECT LINE BY BLOOD except for spouse 247. DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES Req’ts: 1) LEGALLY MARRIED PERSON/PARENT SURPRISES SPOUSE/DAUGHTER (latter under 18 and living w/ parent) IN ACT OF COMMITTING SEXUAL INTERCOURSE W/ ANOTHER PERSON 2) S/he KILLS ANY OR BOTH OR INFLICTS upon any or both SERIOUS PHYSICAL INJURY IN THE ACT OR IMMEDIATELY THEREAFTER 3) S/he HASN’T PROMOTED OR FACILITATED PROSTITUTION of wife/daughter, or HASN’T CONSENTED TO other spouse’s INFIDELITY + Destierro imposed for the protection of the accused against retaliation + DEATH caused must be the PROXIMATE RESULT OF OUTRAGE OVERWHELMING the ACCUSED. Killing should’ve been actually motivated by the same blind impulse – KILLING DIRECT BY-PRODUCT OF ACCUSED’S RAGE + ACCUSED LIABLE for consequence of his NEGLIGENCE, such as when 3RD PERSONS IN THE VICINITY ARE HURT IN THE COURSE 248. MURDER + Unlawful KILLING of any person which ISN’T PARRICIDE OR INFANTICIDE, provided any of the enumerated circumstances is present Elements: 1) PERSON was KILLED 2) ACCUSED KILLED PERSON 3) KILLING ATTENDED BY ANY OF FF. QUALIFYING CIRCUSTANCES:

- TREACHERY, taking advantage of SUPERIOR STRENGTH, w/ AID OF ARMED MEN, employing means to afford IMPUNITY - In consideration of PRICE, REWARD, PROMISE - By means of inundation, FIRE, ETC. or any other means involving great waste and ruin - On occasion of any PUBLIC CALAMITY - W/ EVIDENT PREMEDITATION - W/ CRUELTY, or OUTRAGING OR SCOFFING AT VIC’S PERSON OR CORPSE 4) Killing ISN’T PARRICIDE OR INFANTICIDE + CIRCUMSTANCES must be ALLEGED IN INFO & PROVED IN TRIAL + INTENT TO KILL NEEDED to be liable for par. 3 (fire, poison, explosion, etc.) + KILLING & ___ = ___ RELATIONSHIP, PARRICIDE QUALIFYING CIRCUMSTANCE, MURDER NOT > 3 DAYS OLD, INFANTICIDE + Treachery – purposeful adoption of means such that victim couldn’t have anticipated and he wasn’t in a position to defend himself + Price, reward, promise (at least 2 are liable) – must’ve been the motivation for the killing + Evident premeditation – intent to do something & planned result + Inundation, fire, poison – latter is something capable of causing death & evinces purposeful adoption of means + Calamity – must’ve facilitated the commission of the crime by concealing it as it’s done; take advantage of confusion + Cruelty – inflict unnecessary injuries (doesn’t cause death); prolonging the agony before killing 249. HOMICIDE + Unlawful KILLING of any person W/C DOESN’T CONSTITUTE PARRICIDE, MURDER, OR INFANTICIDE Elements: 1) PERSON was KILLED 2) ACCUSED KILLED HIM W/O ANY JUSTIFYING CIRCUMSTANCE 3) Accused had INTENTION TO KILL, w/c is PRESUMED 4) Killing WASN’T ATTENDED BY ANY OF QUALIFYING CIRCUMSTANCES OF MURDER, OR by that of PARRICIDE OR INFANTICIDE + EVIDENCE OF INTENT TO KILL IMPORTANT only IN ATTEMPTED OR FRUSTRATED HOMICIDE + INTENT TO KILL usually shown by WEAPON USED AND NATURE & LOCATION OF WOUND + There’s a presumption of intention to kill + USE OF UNLICENSED FIREARM is an AGGRAVATING CIRCUMSTANCE in homicide + ACCIDENTAL HOMICIDE: death of a person brought about by a lawful act performed with proper care and skill, and without homicidal intent 250. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE 251. DEATH CAUSED IN A TUMULTUOUS AFFRAY Elements: 1) SEVERAL PERSONS

2ND SEMESTER, AY 2008-2009

CRIMINAL LAW 2 – FINALS

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2) DIDN’T COMPOSE GROUPS ORGANIZED FOR ASSAULTING & ATTACKING EACH OTHER reciprocally 3) PERSONS QUARRELLED & ASSAULTED ONE ANOTHER IN CONFUSED & TUMULTUOUS MANNER 4) SOMEONE was KILLED in course of affray 5) CAN’T BE ASCERTAINED WHO KILLED DECEASED 6) PERSONS WHO INFLICTED SERIOUS PHYSICAL INJURIES OR USED VIOLENCE CAN BE IDENTIFIED + Per 153: TUMULTUOUS = AT LEAST 4 PERSONS TOOK PART + Those who used violence only upon vic’s person are liable for 251 only if it can’t be determined who inflicted the serious physical injuries on the deceased 252. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY Elements: 1) TUMULTUOUS AFFRAY 2) PARTICIPANT/S SUFFER (LESS) SERIOUS PHYSICAL INJURIES 3) PERSON RESPONSIBLE CAN’T BE IDENTIFIED 4) ALL those WHO APPEAR TO HAVE USED VIOLENCE UPON PERSON OF OFFENDED PARTY are KNOWN 253. GIVING ASSISTANCE TO SUICIDE Punished acts: 1) ASSISTING ANOTHER TO COMMIT SUICIDE, WHETHER suicide is CONSUMMATED OR NOT 2) LENDING his ASSISTANCE TO ANOTHER TO COMMIT SUICIDE TO the EXTENT OF DOING THE KILLING HIMSELF + NECESSARY that the INITIATIVE COMES FROM SICK PERSON – WHAT IS PUNISHED IS ASSISTANCE IN the COMMISSION OF SUICIDE + PERSON WHO ATTEMPTS to commit SUICIDE NOT CRIMINALLY LIABLE 254. DISCHARGE OF FIREARMS Elements: 1) ACCUSED SHOT AT ANOTHER person W/ A FIREARM 2) Accused had NO INTENTION TO KILL + OFFENDER’S PURPOSE: INTIMIDATE OR FRIGHTEN OFFENDED PARTY 255. INFANTICIDE + KILLING OF any CHILD LESS THAN 3 DAYS OLD Elements: 1) CHILD was KILLED 2) DECEASED child was < 3 DAYS (72 HRS) OF AGE 3) ACCUSED KILLED SAID CHILD + BASIS of crime: AGE OF CHILD + ONLY THE MOTHER & MATERNAL GRANDPARENTS OF THE CHILD are ENTITLED TO the MITIGATING CIRCUMSTANCE OF CONCEALING THE DISHONOR 256. INTENTIONAL ABORTION Elements: 1) PREGNANT WOMAN 2) ONE OF THE FF: - VIOLENCE is EXERTED - DRUGS/BEVERAGES ADMINISTERED W/O WOMAN’S CONSENT

- ACCUSED ACTS UPON SUCH PREGNANT WOMAN W/ HER CONSENT 3) As a RESULT OF #2, FETUS DIES, ETIHER IN THE WOMB OR AFTER HAVING BEEN EXPELLED THEREFROM 4) ABORTION is INTENDED + PERSON WHO INTENTIONALLY CAUSED ABORTION LIABLE. If WOMAN CONSENTED, SHE’S LIABLE UNDER 258 + If FETUS could SUSTAIN INDEPENDENT LIFE AFTER ITS SEPARATION FROM the MATERNAL WOMB, AND IT’S KILLED, crime is INFANTICIDE 257. UNINTENTIONAL ABORTION Elements: 1) PREGNANT WOMAN 2) VIOLENCE USED UPON SUCH PREGNANT WOMAN W/O INTENDING AN ABORTION 3) VIOLENCE is INTENTIONALLY EXERTED 4) As a RESULT OF VIOLENCE THE FETUS DIES, either IN THE WOMB OR AFTER HAVING BEEN EXPELLED THEREFROM + Violence is used without intending abortion + May be COMMITTED BY STRANGERS + NO INTENTION TO CAUSE ABORTION + NO VIOLENCE = NO ABORTION OF ANY KIND. Can’t be unintentional abortion because no violence was used 258. ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS Elements: 1) PREGNANT WOMAN WHO SUFFERED an ABORTION 2) ABORTION is INTENDED 3) ABORTION is CAUSED BY - PREGNANT WOMAN herself - ANY OTHER PERSON, W/ HER CONSENT - ANY OF HER PARENTS, W/ HER CONSENT FOR the purpose of CONCEALING HER DISHONOR + NO MITIGATION FOR PREGNANT WOMAN’S PARENTS unlike in infanticide 259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES Elements: 1) PREGNANT WOMAN WHO SUFFERED an ABORTION 2) ABORTION is INTENDED 3) OFFENDER, who’s a PHYSICIAN OR MIDWIFE, CAUSED OR ASSISTED IN CAUSING the ABORTION 4) Said PHYSICIAN/MIDWIFE TOOK ADVANTAGE OF HIS/HER SCIENTIFIC KNOWLEDGE/SKILL As to pharmacists: 1) Offender is a PHARMACIST 2) NO PROPER PRESCRIPTION FROM a PHYSICIAN 3) Offender DISPENSES ANY ABORTIVE 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL Punished acts: 1) KILLING one’s ADVERSARY IN A DUEL 2) INFLICTING UPON such ADVERSARY PHYSICAL INJURIES 3) MAKING A COMBAT although no physical injuries have been inflicted

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CRIMINAL LAW 2 – FINALS

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Persons liable: 1) PERSON WHO KILLED OR INFLICTED PHYSICAL INJURIES UPON HIS ADVERSARY, OR BOTH COMBATANTS IN ANY OTHER CASE, as principals 2) SECONDS, as accomplices 261. CHALLENGING TO A DUEL Punished acts: 1) CHALLENGING ANOTHER TO A DUEL 2) INCITING ANOTHER TO GIVE OR ACCEPT a CHALLENGE TO A DUEL 3) SCOFFING AT OR DECRYING ANOTHER PUBLICLY FOR HAVING REFUSED TO ACCEPT A CHALLENGE TO FIGHT A DUEL + Immediate vindication of one’s honor + Prohibited – it’s an extralegal means of resolving disputes; contravention of the justice system 262. MUTILATION + LOPPING OR CLIPPING OFF OF SOME BODY PART Punished acts and elements: 1) INTENTIONALLY MUTILATING ANOTHER BY DEPRIVING HIM, TOTALLY OR PARTIALLY, OF some ESSENTIAL ORGAN FOR REPRODUCTION a) CASTRATION (mutilation of organs necessary for generation, such as the penis or ovarium) b) MUTILATION is CAUSED PURPOSELY & DELIBERATELY, that is, to deprive offended party of some essential organ for reproduction 2) INTENTIONALLY MAKING OTHER MUTILATION, other than the essential reproductive organ, TO DEPRIVE HIM OF THAT PART OF HIS BODY a) MUTILATION INVOLVING BODY PART OTHER THAN an ORGAN FOR REPRODUCTION b) MUTILATION DONE w/ deliberate purpose of DEPRIVING A PERSON OF THAT BODY PART 263. SERIOUS PHYSICAL INJURIES How committed: 1) Wounding 2) Beating 3) Assaulting 4) Administering injurious substance Classes 1) Injured person becomes INSANE, IMBECILE, IMPOTENT, OR BLIND 2) Injured person a) LOSES USE OF SPEECH OR POWER TO HEAR/SMELL, OR LOSES EYE/HAND/FOOT/ARM/LEG b) LOSES USE OF ANY SUCH MEMBER c) Becomes INCAPACITATED FOR WORK he was HABITUALLY ENGAGED 3) Injured person a) DEFORMED b) LOSES ANY OTHER MEMBER OF HIS BODY c) LOSES USE THEREOF d) Becomes ILL OR INCAPACITATED FOR PERFORMANCE OF WORK he was HABITUALLY ENGAGED IN FOR >90 DAYS 4) Becomes ILL OR INCAPACITATED FOR LABOR FOR 30≤x≤90 DAYS as a result of physical injuries inflicted

+ Must be NO INTENT TO KILL. If there’s intent to kill, the crime is attempted or frustrated homicide/murder + Serious physical injuries by EXCESSIVE CHASTISEMENT BY PARENTS aren’t qualified 264. ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES Elements: 1) OFFENDER INFLICTED any SERIOUS PHYSICAL INJURY UPON ANOTHER 2) Done by KNOWINGLY ADMINISTERING TO HIM any INJURIOUS SUBSTANCES OR BEVERAGES OR BY TAKING ADVANTAGE OF his WEAKNESS OF MIND OR CREDULITY 3) Had NO INTENT TO KILL 265. LESS SERIOUS PHYSICAL INJURIES Elements: 1) OFFENDED PARTY INCAPACITATED FOR LABOR OR NEEDS MEDICAL ASSISTANCE FOR 10≤x