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Juris Doctor > Criminal Law 1 > Flashcards

Criminal Law 1 Flashcards

1
Q

What are the classifications of felonies according to the stage of execution?

A

Consummated, frustrated and attempted

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2
Q

What is the purpose of classification of felonies according to the stage of execution?

A

To bring about a proportionate penalty and equitable punishment.

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3
Q

What are the crimes that do not admit of division?

A

Formal Crimes (e.g. physical injuries & oral defamation)

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4
Q

What is criminal law?

A

Criminal law is that branch of law, that defines crimes, treats of their nature, and provides for their punishment.

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5
Q

What are the theories in criminal law?

A

Classical theory, Positivist theory, Eclectic or Mixed theory, Utilitarian or Protective theory

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6
Q

How are penal laws construed?

A

Liberally construed in favor of offender and strictly against the state.

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7
Q

What does Nullum crimen, nulla poena sine lege mean?

A

There is no crime when there is no law punishing the same.

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8
Q

What does Actus non facit reum, nisi mens sit rea mean?

A

The act cannot be criminal where the mind is not criminal

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9
Q

What does Actus me invito factus non est meus actus mean?

A

An act done by me against my will is not my act

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10
Q

What is the Doctrine of Pro Reo?

A

Whenever a penal law is to be construed or applied and the law admits of two interpretations, one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be adopted.

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11
Q

What are the characteristics of criminal law?

A

General, Territorial & Prospective

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12
Q

What Determines Jurisdiction in a Criminal Case?

A
  1. Place where the crime was committed;
  2. The nature of the crime committed; and
  3. The person committing the crime.
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13
Q

What are the sources of criminal law?

A
  1. The Revised Penal Code
  2. Special Penal Laws
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14
Q

What does malum in se mean?

A

the act is inherently evil or bad or per se wrongful

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15
Q

What does malum prohibitum (Prohibita) mean?

A

violations of special laws

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16
Q

What are felonies?

A

Felonies are acts or omissions punishable by the RPC.

17
Q

What does Omission mean?

A

It means inaction, the failure to perform a positive duty which one is bound to do.

18
Q

How are felonies committed?

A

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

19
Q

What is an act in contemplation of criminal law?

A

An act refers to any kind of body movement that produces change in the outside world. The act must be an external act which has a direct connection with the felony intended to be committed.

20
Q

What are the requisites of dolo?

A

Criminal intent, Freedom of action, Intelligence

21
Q

What are the requisites of culpa?

A
  1. Criminal negligence on the part of the offender, that is, the crime was the result of negligence, reckless imprudence, lack of foresight or lack of skill.
  2. Freedom of action on the part of the offender, that is, he was not acting under duress.
  3. Intelligence on the part of the offender in performing the negligent act.
22
Q

Is referred to as the gravamen of the offense.

A

Mens rea

23
Q

What is intent?

A

The determination to do a certain thing, an aim or purpose of the mind. It is the design to resolve or determination by which a person acts.

24
Q

What is discernment?

A

The mental capacity to tell right from wrong. It relates to the moral significance that a person ascribes to his act and relates to the intelligence as an element of dolo.

25
Q

What is motive?

A

It is the moving power or force which impels a person to a desired result.

26
Q

What are the factors that affect intent?

A
  1. Mistake of fact
  2. Aberratio ictus
  3. Error in personae
  4. Praeter intentionem
  5. Proximate cause
27
Q

What is the importance of classifying the felonies as to their severity?

A

To determine:
1. Whether these felonies can be complexed or not
2. The prescription of the crime and the prescription of the penalty.

28
Q

What are the classifications of felonies according to their gravity?

A
  1. Grave – those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of the RPC. (Art. 9, par. 1, RPC)
  2. Less grave – those which the law punishes with penalties which in their maximum period are correctional, in accordance with Art. 25 of the RPC. (Art. 9, par. 2, RPC)
  3. Light – those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided. (Art. 9, par. 3, RPC)
29
Q

When is a felony considered as consummated?

A

A felony is consummated when all the elements necessary for
its execution and accomplishment are present.

30
Q

When do we say that a felony is frustrated?

A

It is frustrated when 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 will of the perpetrator.

31
Q

Define attempted felony.

A

There is an attempt 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 than his own spontaneous desistance.

32
Q

When was the date of effectiveness of the RPC?

A

January 1, 1932

33
Q

What are the elements of Felonies?

A
  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.
34
Q

What is an overt act?

A

An overt act is some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation

35
Q

It is one where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective is ambiguous.

A

indeterminate offense

36
Q

Are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided. (Art. 9, par. 3)

A

Light Felonies

37
Q

Define the subjective phase of an offense.

A

It is that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts, including their (acts’) natural course

38
Q

Justifying Circumstances

A

are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability

Juris Doctor (4 decks)

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