ticman notes 3

March 15, 2017 | Author: Mar Jan Guy | Category: N/A
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7 PERSON COMPOSE OF DISTINC GROUP to assault another or rival+confuse. Even if the person who kills him who would identified. All the rival-liable for the death+theory of consipray 251+there is also tumultuous affray+involving several persons of groups+to assult another+ no one suffer physical who persosn identifiab;+shall be liable if not identified+anyone who employes , held criminal liable under article 252+phsycial injuries tumultuous affray but if only slight only? The person who inflicted slight+could not identified+and yet persons can identified+= that person could not even held liable. Has suffer only slight physical+if identified! He shall liable+ if cannot be identified+no one 253,+ assist or attempting to commit suicide+is not a felony+ a person whou would kill is pity or wrdege but assisting to commit another suicide is another thing+ by person act+that contributing of the killing you are guilty of art 253. More guilty if you do+ as if killing homicide+temporal.? Example to buy a cynid+to take cynanid+to kill himself. And the friend went to establishment sells the poisonouse+ and then use the same by the one who ask to buy… guilty! Mre penalty if u did much more.. Or gulty of asstiging to commit suicide. Robbery with homicide+intention of offender to rob the victim must precede the intention of killing the victim. So that the killing or exertion or violence resulted of death. May be done before or during or after taking the personal property…… May be held liable guilty robeery with homicide+even done before taking perosnl Robbery homicide+must be construed generic sense+ the killing of a relative which sontitute parricide, also term homicide even the killing of the victim is attended by qualifyuing …. NO robbery with murder… if attended by othere article 248= covicnted robbery with homicide- treated only generic aggravating circurmetance What if more than 1 persons is kill in rob with homicide.. A intend to kill house b. and in the course or robbery also killd b , c ,d ,e, what crime? He may be prosecuted with the crime robbery homicide only. The addicitonal killings will not affect as aggravating circrumatnace… only as integral part! Such that the subsequent killing deemed absorbed in robbery with homicide.. With more reasons, that acts with rob with homicide, short killing of victim likewise robbery with homicide. . A plan to rob the house of B. arrive. Ransacking B! moments, B C D E, all occupant of hosue, upon seeing them, A shot B. died instantly. A gun, CDE, fataly wounded. While E suffer slight physical injuries.

A liable only crime robb with homicide—the infliction of injury victims as well slight upon E. will not constute seprate offense+deemed absorbed crime rob with hom… Rulling, all acts short of killing, the victim in robbery with homicide, are deemed absorb!! The judge, concted robbery triple hokimiced+ only robbery with homicide only! Robbery with rape= similar rule o the robbery of homicide. Robbery with rape, the PRimry or intention, is TO ROB! Not to rape the VICTIM! If otherwise! Intention is RAPE and after having done so! Seen viable property! Took! Liable of TWO separate crimes!! RAPE and THEF! To repeat robbery with rape+intention to rob, and not to rape is the primary intention. Robbery with rape! What if the offender after having intention of robbing B! after robbing, and RAPE her! Moments later! A seen two woemen household, and commited rape against them! What crime? A only 1 count robbery with Rape! The two rape committed by him! Absorb!! What if A committed acts of lasciviousness in the coruse of robbery! The same! Are also deemed absrobe with crime with rape Subsequent rapesmay not be considered as aggravating circumstance! In the case of regala! But in one case! Had ruled! That if! The offender whos primary intention is to rob the victim and the course there, 2 rapes theres. Against the emeber of the household, and killed another! From the facts: seems commtied robbery, 3 counts of rape, homicide.======= now of what crime? What would happen to the rapesss committed? SC naag case, ruled! The subsequent rapes accompanied robbery with homicide+construed aggravating circumstances, article 14 of the rps! Rationale: robbery with homicide+the subsequent or additional, not treated aggravating, is thath, article 14 of revise, not similar of art 13, that sez, analgous similar circumstance, unlike art 13. Robbery use of force upon things, there need be violence or intimidation (only necessary) must enter the dwelling of another for the purpose of commiting robbery upon entering.. if FORCE violence is exerted or intimidation is employed! That was entered for purpose of robbery! Robbery violence with intimidation not use of upon thigns! Basc distinction,, violence……. Rule of imposition of penalty! Penalrty depend, degree of violence exerted employed! Inrobbery use of things! Penalty depend is the value of peroperty! Possessinon of picklocks and fals key 304- are preparataory acts!! Preparatory acts general rule not punishable! But this is one form, punishable, caught possession, false key, picklocks, other gadgets may be use for the commission of robbery!(need not used them) require is caught the possession of the same+ without justification, without lawfule cause to possess the same. Brigandage+another preparatory+306, how is the crime committed, by several persons, who would for a group, purpose+commission of rpbbbery, highway,

kiddnaoping for ransom, employing violence, intimidation, asa a means commiting some other crimes! Mere FORMATION! Already offensne! Need not embark any criminal action! Such as criminal highway for purpose extorting ransom! To have formed a group for that purpose! If mebers is for ransom have indeed embark or undertakedn kidnapping, for randpsom.. Crime Brigandig! Is absorb in kidnapping! All of them! Not for the crime brigandage 308, crime of theft, basically, any person unlawffuly, intetn to gain, without the consent, permission of the owner, art 308, enumeratesmm 3 other acts, that constitue, crime of theft, if he having found, l=missing lose property! Refuse to return, to proeprt authrotiteys! 2) after having malciuously damage, would remove, or use the fruites for personal benfit or gain, 3) entered a closed enclose estate, trespass is prohibited! While inside hunt therin, gathered some serials... or other product of fence estate+ 3 other circumstances! Cosntitue theft! 309, simple theft(11)17 minutes

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