Article 38

Question 1

Title of Art. 38 of the RPC

Answer 1

Pecuniary liabilities - Order of Payment

Question 2

The order of the pecuniary liabilities to be paid by the persons criminally liable in case their properties are INSUFFICIENT to pay off all the criminal liabilities? (4)

Answer 2

1. Reparation of the damage caused
2. Indemnification of the consequential damages
3. Fine
4. Costs of proceedings

Question 3

When is Art. 38 of the RPC applicable?

Answer 3

In case the property of the offender should NOT BE SUFFICIENT for the payment of ALL his pecuniary liabilities

Question 4

If the offender has sufficient or NO property, does Art. 38 of the RPC still apply?

Answer 4

No

Question 5

Which number of Art. 38 applies when there is judgement ordering the defendant to pay the value of the woman’s torn garments in a crime of rape?

Answer 5

Number one - Reparation of the damage caused

Question 6

May the fines and penalties imposed upon either husband or wife be enforced against the partnership assets?

Answer 6

Yes, after the responsibilities of the partnership/community enumerated in the Family Code have been covered