Principles of Criminal Law

Question 1

Damages arising from crimes

Answer 1

(a) Civil indemnity ex delicto
(b) actual or compensatory damages // temperate damages
(c) moral damages
(d) exemplary damages (if with 1/more aggravating)

Question 2

Pro Reo

Answer 2

To resolve all doubts in favor of the accused

Question 3

Mala in se

Answer 3

Inherently immoral, intent is necessary, generally in RPC

Question 4

Mala prohibita

Answer 4

Wrong because there is a law punishing it, intent is immaterial, generally in special laws

Question 5

How are crimes committed?

Answer 5

By dolo or culpa

Question 6

Error in personae

Answer 6

Mistake in the person; when the intention to harm one individual inadvertently causes a second person to be hurt instead, the person is still liable (Basis: Article 4)

Question 7

Aberratio Ictus

Answer 7

Mistake in the blow; when the intention to harm one individual inadvertently causes a second person to be hurt instead, the person is still liable (Basis: Article 4)

Question 8

Impossible Crimes: Legal Impossibiity

Answer 8

When the intended acts, even if completed, would not amount to a crime; Applies to circumstances where (a) the motive, desire and expectation is to perform an act in violation of the law; (b) there is intention to perform the physical act; (c) there is a performance of the physical act; and (d) the consequence resulting from the intended acts does not amount to a crime.

Question 9

Wheel Conspiracy

Answer 9

A single person or group (hub) dealing individually with two or more persons or groups (the spokes) + the rim that enclosed the spokes was the common goal in the conspiracy.