Crim Law part 2 Flashcards
Complex Crime Proper
when an offense is a necessary means for committing the other (ex. estafa through falsification)
Compound Crime
When a single act constitutes 2 or more grave or less grave felonies
(Act of throwing hand grenade constitutes multiple counts of murder)
Reason for compound crimes
Instead of the accused suffering total penalty of 2 or more offenses, the accused suffers just 1 in its maximum penalty
Special Complex Crimes (composite)
Composed of 2+ crimes that the law treats as a single and indivisible unique offense
Specific crime with specific penalty
Composite vs Compound
- As to offense
-Composite: fixed by law
-Compound: offenses are general - As to penalty
-Composite: Specific
-Compound: Corresponds to most serious offense in its maximum - As to light felonies
Composite: Light felonies are absorbed
Compound: Light felonies are filed in separate information
Justifying Circumstances (8 DDDNDOB)
Self-defense
Defense of a relative
Defense of a stranger
State of necessity
Fulfillment of a duty
Obedience to a lawful order
Battered Woman Syndrome
Self-defense (URL)
- Unlawful aggression from victim
- Reasonable necessity of the means employed
- lack of sufficient provocation on the person defending himself
Retaliation vs Self-defense
In retaliation, the unlawful aggression has ended
in self-defense, the unlawful aggression is still in progress
Defense of a relative
- Unlawful aggression
- Reasonable necessity of means employed
- if provocation is by person attacked, the one defending himself had no part therein
SADBro/SAC4
Defense of a stranger
- U
- R
- defender not induced by revenge, resentment or any other motive
Battered Woman Syndrome and effect
pattern of psychological and behavioral symptoms found in women living in a battering relationship as a result of cumulative abuse
Does not incur any criminal or civil liability notwithstanding lack of elements under self-defense
Must reach acute battering phase atleast twice
Stages of Battered Woman Syndrome
- Tension Building Phase
-Minor battering occurs, could be slight physical/verbal abuse
Woman tries to pacify behavior through kind and nurturing behavior or just avoid batterer - Acute Battering Incident
-Characterized by brutality, destructiveness or even death
-Only batterer may end violence - Tranquil phase
-Couple experiences profound relief
-Batterer shows tender and nurturing behavior in order to make up for being viciously cruel
Age of criminal responsibility
A child below 15 the years of age shall be exempt from criminal liability
A child above 15 but below 18 is exempt from criminal liability if he acted w/o discernment
A child above 15 but below 18 is not exempt from criminal liability if he acted w/ discernment
Exempting Circumstances (ICA IUI)
A crime is committed but no criminal liability arises but civil liability is still incurred
Imbecile/Insane
Criminal Age
Accident
Irresistible Force
Uncontrollable Fear
Insuperable or lawful cause
Insanity and Imbecility
Imbecile - Mental age of 2-7
Insanity - Complete deprivation of intelligence; must be insane during commission of offense
Discernment
A capacity of the child at the time of the commission of the offense to know right and wrong
Accident
1 Person performing a lawful act
2 With due care
3 Causes injury to another by grave accident
4 without fault or intention of committing it
Irresistible Force
1 Compulsion by means of physical force
2 physical force is irresistible
3 Physical Force comes from a third person
Uncontrollable Fear
1 Existence of uncontrollable fear
2. fear is real and imminent
3 fear of injury is greater to or equal to act committed
Irresistible Force vs Uncontrollable Fear
Force - employs physical violence/force to compel another to commit a crime
Fear -employs intimidation/threat to compel another to commit a crime
Actus me invito factus non est meus factus
Act done by me against my will is not my act
Insuperable/Lawful Cause
- Act required by law to be done
- Person fails to perform such act
- failure to perform act due to lawful / insuperable cause
Justifying v Exempting
- As to crime
J - No crime committed
E - Crime is committed - As to liability
J - No Civil and Criminal Liability
E - No Criminal Liability (except p. 4&7 Art 12)
Ordinary vs Privileged Mitigating Circumstance
- As to reduction
O - sets penalty to minimum
P - sets penalty a degree lower - As to offsets
O - Can be offset by Aggravating Circumstances
P - Cannot be offset by aggravating circumstances
Incomplete Justifying/Exempting Circumstance
- In cases of Self-defense but either R or L is lacking
- Offender is 15-18 but acted with discernment
- Offender is over the age of 70
Praeter Intentionem
Notable and evident disproportionality between means employed to execute criminal act and its consequences
Sufficient Provocation or Threat
- Provocation must be sufficient
- Originate from offended party (victim)
- Provocation must be immediate to act
Vindication of grave offense
- Grave offense to be done to one committing the felony or his SAD-Bro/SA
- Felony done in vindication of grave offense (time lapse is allowed between vindication and grave offense.
Provocation vs Vindication
- As to act against
P - Done directly to person committing the offense
V - grave offense can be against perpetrator or SAD-Bro/SA - As to act
P - victim need not have committed a grave offense
V - needs to be grave offense - As to time between
P- must be immediately after act
V - admits of interval of time between vindication and grave offense
Passion/Obfuscation
- Accused acted on impulse
- impulse so powerful that it produced passion/obfuscation
- act not removed from commission of crime by a considerable amount of time (24 hours)
Voluntary Surrender
- Offender hadn’t been actually arrested
- Offender had surrendered himself to a person of authority
- Surrender was voluntary
When is surrender voluntary
- acknowledgement of guilt
- intention of saving the authorities the trouble and expense that his search and capture would require
Plea of guilty
- Offender spontaneously confessed his guilt
- Confession made in open court
- guilt was made prior to presentation of evidence by prosecution
Plea of guilty
- Offender spontaneously confessed his guilt
- Confession made in open court
- guilt was made prior to presentation of evidence by prosecution
