Crim Law Reviewer
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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. ) ` # * + + $$ ! $ " + " ++ ' ! + " !
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$ -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
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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 °
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. + + + %' " ! ! +, % " +! & " ! +% " $:& "" & @ ± 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
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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. ;
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" % $ % ' $ $ + " ! " * & ! !!&$+ $& !" %,% " & $ ! ! ! + &$ 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.
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? ? ? ? ? ./ Diversion ð Refers to an alternative, child - appropriate process of determining the responsibility and treatment of a child in conflict with the law on the bases of his/her social, cultural, economic, psychological or educational background without resulting to formal court proceedings. Diversion program ð Refers to the program that the child in conflict wit h the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings. ð Basis: diminution of intelligence
& " ? ? ? ? Things to be considered to show that the accused intended the wrong committed: 1. Weapon used
2. The part of the body injured 3. The inflicted 4. The manner it is inflicted
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Unintentional abortion Committed by any person who, by violence, shall cause the killing of the foetus in the uterus or the violent expulsion of the foetus from the maternal womb, causing its death, but unintentionally.
' " ?? ? ? ? Provocation ð Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating any one. Requisites: 1. Provocation must be sufficient 2. The act constituting the provocation 3. The social standing of the person provoked 4. The place and time when the provocation is made a. It must originate from the offended party b. The provocation must be personal and directed to the accused c. The provocation must be immediate to the commissio n of the crime by the person who is provoked. Sufficient ð To excite a person to commit wrong and must accordingly be proportionate to its gravity. Sufficient provocation as requisite of incomplete self-defense It pertains to its absence on the part of the person defending himself
As a mitigating circumstance It pertains to its presence on the part of the offended party.
Basis: diminution of intelligence and intent
) " ? ? ? ? ??? ?? , ?- ? ? ???? Requisites: 1. That there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees. 2. That the felony is committed in vindication of such grave offense. A lapse of time is allowed between the vindication and the doing of the grave offense. Grave offense ð Includes any act that is offensive to the offender or his relatives and the same need not be unlawful. Provocation Vindication It is made directly only The grave offense may to the person committing be committed also the felony against the offender¶s relatives mentioned by law The case that brought The offended party must about the provocation have done a grave need not be a grave offense to the offender offense or his relatives mentioned by law It is necessary that the The vindication of the provocation or threat grave offense may be immediately preceded proximate which admits the act of an interval of time It is mere spite against It concerns the honor of the one giving the a person.
provocation or threat Basis to determine gravity of offense in vindication: 1. .Social standing of the person 2. Place 3. Time when the insult was made Basis: diminution of the conditions of voluntariness.
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? ? Requisites: 1. That there be an act, both unlawful and sufficient to produce such condition of mind. 2. That said act which produces the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrat or might recover his normal equanimity 3. The act causing such obfuscation was committed by the victim himself. Excitement ð Is the natural feeling of all persons engaged in a fight, especially those who had received a beating, and the impulse in that state is not considered in law so powerful as to produce obfuscation sufficient to mitigate liability.
Passion or obfuscation Produced by an impulse which may be caused by provocation The offense need not be immediate
Provocation Comes from the injured party Immediately precede the commission of the crime
1 " ? ? ? ?? ? ? ? ? ? ? ? 2 mitigating circumstances: 1. Voluntary surrender to a person in authority or his agents 2. Voluntary confession of guilt before the court prior to presentation of evidence for the prosecution
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Requisites of voluntary surrender: 1. That the offender had not been actually arrested 2. That the offender surrendered himself to a person in authority or to the latter¶s agent 3. That the surrender was voluntary.
Basis: diminution of intelligence and intent. Passion or obfuscation Irresistible force Mitigating circumstance Exempting circumstance Cannot give rise to an irresistible force because irresistible force requires physical force. Is in the offender himself Must come from a third person Must arise from lawful unlawful sentiments
Person in authority ð Is one who 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 or board or commission. Agent of a person in authority ð Is a person, who, by direct provision of the law, or by election or by appointment by competent authority, is charged with maintenance
of public order and the protection and security if life and property and any person who comes to the aid of persons in authority. When surrender is voluntary? 1. Must be spontaneous 2. Intent of the accused to submit himself unconditionally to the authorities must either because ° He acknowledges his guilt ° He wishes to save them the trouble and expense neces sarily incurred in his search and capture. Requisites of plea of guilty: 1. That the offender spontaneously confessed his guilt 2. That the confession of guilt was made in open court that is, before the competent court that is to try the case. 3. That the confession of guilt was made prior to the presentation of evidence for the prosecution.
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2 ? ? ? ? ? ? Requisites: 1. That the illness of the offender must diminish the exerc ise of his will-power 2. That such illness should not deprive the offender of consciousness of his acts.
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