Cimagala-CRIM-2-Finals-Reviewer-Peralta-Transcript.pdf

CRIMINAL LAW II

Finals Reviewer Mar 2009

J. PERALTA TRANSCRIPT - IMPORTANT

POINTS CRIMES AGAINST PERSONS 1.

#i.e. when a policeman fires a gun as a

In all all the crime crimess agains againstt person persons, s, excep exceptt rape, rape, the intentio intention n of the offender offender is to commit commit

warning shot$ 3ith 3ith inte intent nt to *ill *ill from from the the very very

MURDER 

begin beginni ning+ ng+

violence from the very beginning.

2.

If someone dies, there are 5 possible crimes:

4.

In determining intent to *ill, consider:

tumultuous affray, & infanticide.

a.

weapon used

b.

the manne mannerr of commit committin ting g the the act act

Consider Consider who the victim/s is/are and other other

#even if the weapon is not lethal, the

circumstances circumstances that distinguish the crimes:

PARRICIDE

circum circumsta stance ncess

under !rticle 10 of the C

 parricide, murder, homicide, death during a

3.

4uali 4ualifyi fying ng

manner may show intent to *ill$

elative elativess by consangu consanguinit inity y !scendan !scendants ts

c.

utte tteran rances ces if if an any

and descen descendan dants ts " spous spouse e #and #and not collat collater eral al relati relatives ves i.e. i.e. bothe bothers rs and

INFANTICIDE

PHYSICAL IN)URIES

sisters$ %ess than &' hours #or ( days$ old )even )even if it is the mother mother hersel herselff who

SLIGHT

LESS SERIOUS

SERIOUS

*m%tretment+i%%-

*ills her baby+ this is not parricide even

tretment, o prolonged

Incapacity/medical

Illness/incapacity

DEATH

though theres a relationship! stranger or participant dies during a

treatment needed

treatment for more

for more than (7

DURING

fight fight betwe between en group groupss that that were were not not

#not more than 6

than 6 but less than

days

TUMULTUOUS

initially organied to *ill each other

days$

(7 days

AFFRAY

MUTILATION It cannot be determined who *illed the victim/s #otherwise the crime will me

1.

it is &eriou& intention% muti%tion(

murder or homicide$, so everyone who participated in inflicting blows will be

If the mutilated part is a reproductive organ,

2.

If the mutilate mutilated d part is 8 a reproduc reproductive tive organ organ and there there is inten intentt to mutila mutilate, te, it is

liable.

intention% muti%tion( In the case of  a  fraternity initiation, initiation,

3.

the Anti-h!in" L# applies.

If the the inte intent nt is only only to in9u in9ure re and not not to mutilate,

the

crime

is

&eriou& &eriou&

'h&ic% 'h&ic%

in.urie&( her here e is no attem attempte pted d or frustr frustrate ated d stage in this crime #unli*e the other 0$ for the simple reason that there is no

HOMICIDE

attempted or frustrated death. death. o intent to *ill+ 2nlawful act

CRIME OF PASSION

1.

Immediately after; does not refer to a fixed peri period od..

If

the the

offe offend nder er

is

cont contin inuo uous usly ly

motivated by what he saw during the lapse, he If the the act is lawful lawful and there there is no intent to *ill but there is a bsence of due diligence diligence,, the the crime crime is is rec$%e&&

is not in control control of himse himself. lf. !n hour hour or so spent loo*ing for weapons #or whatever$ may be 9ustified by his loss of control.

im'rud im'rudence ence re&u%t re&u%tin" in" in homici homicide( de(

Page 1 of 20 Cimagala 1-D 2012

Alexis N

CRIMINAL LAW II

Finals Reviewer Mar 2009

J. PERALTA TRANSCRIPT - IMPORTANT

POINTS '.

3.