Criminal Liability Flashcards
An act of crime is committed with intent if?
A criminal offense is committed with intent if a person conceives a plan to achieve a certain
result, or acquiesces the consequences of his conduct
An act of crime of criminal negligence?
An act of crime is committed by criminal negligence where the perpetrator is able to
anticipate the possible consequences of his conduct, but carelessly relies on their nonoccurrence, or fails to foresee such possible consequences through conduct characterized by
carelessness and neglectfulness
5 types of penalties in criminal law?
Imprisonment
§ Custodial arrest
§ Community service work
§ Fine
§ Prohibition to exercise professional activity
Definition of “Prohibition to exercise professional activity”. ?
May be imposed upon a person who has committed a criminal offense through the violation
of the rules of his/her profession requiring professional qualifications or knowingly, by using
his profession
Definition of malpractice?
Any person who engages in misconduct in the course of engaging in his profession
thus causing imminent danger to the life, bodily integrity or health of another person
or persons by his failure to act with responsible care, or causes bodily harm, is guilty of
a misdemeanor
§ The penalty shall be higher if the criminal offense results in permanent physical
disability or a serious health impairment, or a mass catastrophe; in death; or in a fatal
mass catastrophe
§ Any person who is responsible for causing imminent danger willfully is guilty of a
felony
Criminal offenses with toxic substances/Definition of misuse of poison?
Any person who without proper authorization – prepares, processes, uses or distributes
poison, or who fails to take the measures prescribed for the prevention of any illegal use of
poisons, or for the protection of others in guilty of a misdemeanor, insofar as the act did not
result in a more serious criminal offense.
Criminal offense with harmful consumer goods?
Any person who prepares or possesses any consumer goods for the purpose of
distribution, that is harmful to health, is guilty of a misdemeanor
§ The person who committed the criminal offenses shall not be prosecuted if he makes
every effort, upon gaining knowledge of the harmful nature of the consumer goods, to
regain possession of the harmful consumer goods in question, or to prevent their
being placed on the market
§ Any person who places harmful consumer goods on the market is guilty of a felony or
who commits the criminal offense by way of negligence shall be punishable for
misdemeanor
Define perjury.
Any witness who gives false testimony before the authority concerning an essential
circumstance of a case, or suppresses evidence is guilty of perjury
§ Gives false opinion as an expert or false information as a special adviser
§ Falsely translates as an interpreter or a translator
§ Presents a false document or manipulated physical evidence in criminal or civil
proceedings
Any person who commits perjury by way of negligence shall be punishable for a misdemeanor
Organization of illegal animal fights?
Any person involved in the organization of fights using vertebrate animals, or in
making arrangements for betting or placing bets on such animal fight, is guilty of a
felony
§ Any person involved in acquiring, keeping, breeding, training, domesticating or
trafficking of vertebrate animals for the purpose of fights is guilty of misdemeanor
Cruelty to animals?
Any person who is engaged in the unjustified abuse or unjustified mistreatment of vertebrate
animals resulting in permanent damage to the animal’s health or in the animal’s destruction
§ or who abandons, dispossess or expels a domesticated vertebrate animal or a
dangerous animal is guilty of a misdemeanor.
The penalty for a felony shall be higher, if the criminal offense is carried out in a manner to
cause undue suffering to the animal, or results in permanent damage to several animals or in
the destruction of more than one animal
Violation of epidemic control regulations?
Any person who breaches epidemiological measures introduced for the prevention of the
spreading – within or across the border – of infectious animal diseases or for the eradication
of such is punishable for misdemeanor