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Aviation Law - Midterms > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

What is Criminal law?

A

Branch of public law which:
* Defines crimes
* Treats of their nature
* Provides for their punishment

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2
Q

Basic Principles and Characteristics of Crim Law

A
  1. No law, no crime
  2. prospectivity
  3. generality
  4. territoriality
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3
Q

What principle states that As a rule, penal laws are prospective in effect.

A

Prospectivity

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4
Q

What principle states that Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory subject to the principles of international law and to treaty
stipulations

A

Generality

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5
Q

What principle states that As a rule, our Revised Penal Code shall be enforced not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone

A

Territoriality

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6
Q

What does prospective mean?

A

The law is effective from the day it is enacted until it will be amended. So bale from present to future siya.

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7
Q

When is crim law retroactive instead of prospective?

A

When the law is favorable to the accused.

Example kay nakapatay si Carlos on April 15, 2004. Tas ato na date kay ang charge sa murder is 5 years lang. Tas atong May 15, 2005 kay na change ang charge sa murder into 4 years. Let’s say na wala pa nafinalize ang charges kay Carlos sa iyang murder. So in this case, ang 4 years ang applicable na sentence sa iya instead na 5 years even though ang law ato na time sa pag commit niya sa crime is 5 years. Favorable siya in a sense na mas gamay ang 4 years kaysa sa 5 years.

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8
Q

If you commit a crime on a ship or a plane bearing the Singapore flag tas ang point of origin ato na journey is Philippines, would you be subject to the Penal Laws of the Philippines?

A

No. The only time na subject ka sa laws sa Philippines is when the airship or ship bears the Philippine Flag. Maski pag sa singapore ka nakasala if ang flag sa vessel is philippines, then pwede ka makasuhan gamit ang laws sa Philippines.

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9
Q

Would you be subject to the penal laws of the PH if naa ka sa Japan nag counterfeit ug PHP na currency?

A

Yes. As long as PHP currency-related ang crime

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10
Q

If ang PH senator is nag commit ug crime sa USA habang nag attend siya ug mandatory hearing sa California, subject ba siya sa penal law sa PH?

A

Yes. As long as ang public official is exercising their functions. Walay relevance ug asa nila gi commit ang crime basta bearer sila sa name sa Philippines through their job functions.

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11
Q

Refers to Acts or omissions punishable by law

A

Felony

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12
Q

an overt or external act

A

Acts

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13
Q

failure to perform a duty required by law.

A

Omission

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14
Q

acts and omissions punishable by ANY law

A

Crime

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15
Q

acts and omissions punishable by the Revised Penal Code

A

Felonies

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16
Q

acts and omissions punishable by any special penal law

A

Offense

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17
Q

What requisites must concur before a felony may be
committed?

A
  1. act or omission
  2. punishable by the RPC
  3. act or omission incurred by means of deceit or fault (Malice or Negligence)
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18
Q

How felonies are committed:

A

by means of deceit (dolo) –

There is deceit when the act is performed with deliberate intent.

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19
Q

Requisites of Dolo

A

Freedom / Intelligence / Intent

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20
Q

Elements of intentional felony

A
  1. Criminal Act (Actus reus)
  2. Criminal Intent (Mens rea)
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21
Q

Element of intentional felony that is not required in some
crimes

A

Criminal Intent (Mens rea)

22
Q

Criminal Intent two types

A
  • Specific Criminal Intent (e.g., intent to kill)
  • General Criminal Intent (Dolo or Malice)
23
Q

why was ah chong acquitted?

A

There was a mistake of fact on his part as he thought his act was a legitimate right of self-defense since he thought that Pascual was a robber.

24
Q

Kinds of Mistake of fact

A

Negating Specific Element
Negating dolo

25
Q

Age of pure exemption from criminal liability

A

age 15 and below

26
Q

Can a 15 but below 18yo child be criminally liable?

A

yes as long as they acted with discernment (Especially if ma prove na planado ilang crime). The things is mitigated or reduced lang ilang kaso.

27
Q

is his mental capacity to understand the
difference between right and wrong, and such capacity may be known and should be determined by taking into consideration all the facts and circumstances afforded by the records in each case, the very appearance, the very attitude, the very comportment and behavior of said minor

A

Discernment

28
Q

Criminal intent is not necessary in these cases:

A
  1. crime is product of neligence, imprudence, lack of skill or foresight
  2. crime is a prohibited act under a special law (Malum prohibitum)
29
Q

deficiency of action in felony - culpa

A

Imprudence

30
Q

deficiency of perception in felony - culpa

A

Negligence

31
Q

Requisites of culpa felony

A
  1. Freedom
  2. Intelligence
  3. Imprudence, negligence, lack of skill or foresight
  4. Lack of intent
32
Q

are acts or omissions which are wrong or evil in its
very nature.

A

Mala in Se

33
Q

are acts or omissions that are
not wrong or evil in essence, but they are wrong or evil because they are prohibited.

A

Mala Prohibita

34
Q

all crimes punished under the Revised Penal
Code, and any amendments thereto through Special Penal
Laws, are considered ____________

A

Mala in Se

35
Q

Exemption of Mala in Se in crimes punished by RPC

A

Technical Malversation. Example ani kay naka ingon sa republic act na ang budget for electricity under DOH is 2m per year. Tapos naa may sobra sa 2m na money so gi gamit nila ang sobra na money para sa gas bill kay didto kulang budget. Bale ang alloted budget unta sa elec kay naadto sa gas. Bawal na siya maski pa for a good or justifiable reason.

36
Q

Crimes punished by Special Penal Laws, standing alone, are
considered as ___________

A

Mala Prohibita

37
Q

Are all crimes punished by Special Penal Laws considered as Mala Prohibita?

A

No. In cases of Terrorism, Genocide, or Torture. Inherently mali man jud na nga crimes so Mala in Se siya.

38
Q

Relevance of differentiating Mala in Se and Mala Prohibita

A

To know if intent is necessary in proving if an act is really a crime. Intent is necessary in Mala In Se and not necessary in Mala Prohibita

39
Q

They are those acts of a person said to be in accordance with law, such that a person is deemed not to have committed a crime and is
therefore free from both criminal and civil liability.

A

Justifying Circumstances

40
Q

Types of Justifying Circumstances

A
  1. Self-defense
  2. Defense of relatives
  3. Defense of stranger
  4. Avoidance of greater evil or injury
  5. Fulfillment of duty or exercise of a right
  6. Obedience to a lawful order
41
Q

Types of Self-defense

A
  1. Defense of the person or body of the one assaulted
  2. Defense of the person’s home
  3. Defense of rights protected by law
  4. The right to honor
42
Q

Elements of Self-Defense

A
  1. Unlawful aggression
  2. Reasonable necessity of the means employed to prevent or
    repel it
  3. Lack of sufficient provocation on the part of the person
    defending himself
43
Q

Difference of Self-defense and Retaliation

A

In self-defense, the
unlawful aggression still
existed when the aggressor was injured but in retaliation, the inceptual unlawful
aggression had already
ceased

44
Q

There is a crime committed but there is no criminal liability that
arises from it because of the complete absence of any of the
conditions which constitute free will or voluntariness of the act.

A

Exempting Circumstances

45
Q

Exempting Circumstance that have lack of intelligence as basis

A

insanity, minority

46
Q

Exempting Circumstance that have lack of criminal intent as basis

A

accident, prevented by lawful cause

47
Q

Exempting Circumstance that have lack of freedom as basis

A

compulsion of irresistible force, uncontrollable fear

48
Q

Differentiate justifying and exempting circumstances in terms of effect

A

Ang modification sa circumstance is maka apekto sa gibuhat na act sa isa ka tao if Justifying Circumstance siya since ang basis man na dili ma butangan ug criminal liability ang tao is tungod ang act niya is allowed by law (Such as self-defense). On the other hand, ang modification sa circumstance if Exempting Circumstance is sa actor siya dili sa act since present man ang criminal act pero ang sa kani na situation is ang tao ang dili criminal tungod sa pagkukulang sa elements na intelligence, freedom, intent.

49
Q

Differentiate justifying and exempting circumstances in terms of existnce of crime

A

No crime for justifying since allowable man sa law ang act pero sa exempting, naay crime nahitabo pero ang tao kay dili ma consider na criminal.

50
Q

Differentiate justifying and exempting circumstances in terms of liability

A

no criminal and civil liability ang sa justifying pero sa exempting kay no criminal liability pero naay civil liability through pag bayad sa damages na na cause sa nagcommit sa act if naa siyay kwarta.

51
Q
A

Aviation Law - Midterms (1 decks)

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