Modes of incurring criminal liability

Question 1

Proximate cause

Answer 1

Causes which, by natural and continuous sequence, unbroken by efficient intervening cause, produce the injury and without which, the result would not have occurred.

Question 2

Art 4 para 1:

Answer 2

(Criminal liability shall be incurred:)

“By any person committing a felony although the wrongful act done be different from what he intended.”

Question 3

Valid changes that might alter results in paragraph 1:

Answer 3

1. ) Mistake in the blow
2. ) Mistake in the identity
3. ) Result is greater than intended

Question 4

Exceptions to Art 4, para 1:

Answer 4

Efficient intervening causes:

a. ) Active force that intervened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act
b. ) The resulting injury is due to the intentional act of the victim/ negligence so severe it is almost criminal

Question 5

Does a victim not going to the hospital absolve the accused of punishment?

Answer 5

No, the offended part is not obliged to submit to procedures to relieve the accused from the natural and ordinary results of his crime.

Question 6

Requisites for Art. 4, para 1:

Answer 6

1. ) Intentional felony

2. ) Wrong done must be the direct, natural, and logical consequence of the felony committed

Question 7

Requisites for an impossible crime (Art. 4, para 2):

Answer 7

1. ) The act performed would be an offense against persons or property
2. ) Act was done with evil intent
3. ) Accomplishment is inherently impossible/ means employed are ineffectual/ inadequate
4. ) Must not be a violation of another provision in the RPC (otherwise accused would be liable for that)

Question 8

Article 4, paragraph 2:

Answer 8

A person committing an act which would be an offense against a person or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate of ineffectual means.

Question 9

Two kinds of “impossibility”

Answer 9

1. ) legal impossibility

2. ) physical impossibility

Question 10

Why punish the commission of impossible crimes?

Answer 10

To suppress criminal propensity or criminal tendencies. Objectively, the offender has not committed a felony, but subjectively, he is a criminal.

Question 11

Conspiracy as per Art. 8, Para. 2

Answer 11

“A conspiracy exists when two or more persons come to the agreement concerning the commission of a felony and decide to commit it.”

Question 12

When can a conspiracy be considered a manner of incurring criminal liability?

Answer 12

When it relates to a crime actually committed. In this case, the act of one is the act of all.

Question 13

In conspiracy, the ___________.

Answer 13

“Act of one is the act of all.”

Question 14

Elements of conspiracy

Answer 14

1. ) Consent, (common criminal design)
2. ) Contribution (participation to the execution)
3. ) Acts, though done independently, are concerted and cooperative (unity of purpose);

“Unity of purpose, unity of execution.”

Question 15

When can a co-conspirator be held criminally liable?

Answer 15

Ascertaining through proof beyond reasonable doubt that:

1. ) co-conspirator had knowledge and consented to the criminal design.
2. ) he or she contributed to the materialization of the conspiracy by participating in its execution
3. ) his or her participation is in concert with the rest showing a unity of purpose