Title 8 Elements Flashcards
Elements of parricide
Elements:
(1) Person is killed;
(2) Deceasediskilledbytheaccused;
(3) Deceased is the
(a) legitimate/illegitimate father
(b) legitimate/illegitimate mother
(c) legitimate/illegitimate child
* should not be less than 3 days old,
otherwise crime is infanticide
(d) other legitimate ascendant
(e) other legitimate descendant
(f) legitimate spouse.
DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES
(1) A legally married person, or a parent, surprises his spouse or his daughter, the latter under 18 years of age and living with him in the act of sexual intercourse with another person;
(2) He or she kills any or both of them, or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter;
(3) He has not promoted or facilitated the prostitution of his wife or daughter, or that she has not consented to the infidelity of the other spouse.
MURDER
(1) Person was killed;
(2) Accused killed him;
(3) Killing attended by any of the following qualifying circumstances – (EPIC2 SW2AT)
(a) with treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity;
(b) in consideration of a price, reward or
promise;
(c) by means of inundation, fire, poison,
explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin;
(d) on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano,destructive cyclone, epidemic, or any other public calamity;
(e) with evident premeditation;
(f) with cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
DEATH CAUSED IN TUMULTUOUS AFFRAY
(1) There are several persons;
(2) They do not compose groups organized for the common purpose of assaulting and attacking each other reciprocally;
(3) These several persons quarreled and assaulted one another in a confused and tumultuous manner;
(4) Someone was killed in the course of the affray;
(5) It cannot be ascertained who actually killed the deceased;
(6) The person or persons who inflicted serious physical injuries or who used violence can be identified.
PHYSICAL INJURIES CAUSED IN TUMULTUOUS AFFRAY
(1) There is a tumultuous affray;
(2) A participant or some participants thereof suffered serious physical injuries or physical injuries of a less serious nature only;
(3) The person responsible thereof cannot be identified;
(4) All those who appear to have used violence upon the person of the offended party are known.
GIVING ASSISTANCE TO SUICIDE MODES
Mode 1:
Assisting another to commit suicide, whether the suicide is consummated or not;
Mode 2:
Lending his assistance to another to commit suicide to the extent of doing the killing himself.
DISCHARGE OF FIREARMS
(1) Offender discharges a firearm against or at another person.
(2) Offender has no intention to kill that person.
INFANTICIDE
(1) A child was killed by the accused;
(2) The deceased child was less than 3 days old.
INTENTIONAL ABORTION
(1) There is a pregnant woman;
(2) Violence is exerted, or drugs or beverages administered, or that the accused otherwise acts
upon such pregnant woman;
(3) As a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom;
(4) The abortion is intended.
Ways of committing intentional abortion
(1) Using any violence upon the person of the pregnant woman;
(2) Acting, but without using violence, without the consent of the woman. (By administering drugs or beverages upon such pregnant woman without her consent.)
(3) Acting (by administering drugs or beverages), with the consent of the pregnant woman.
UNINTENTIONAL ABORTION
(1) There is a pregnant woman;
(2) Violence is used upon such pregnant woman without intending an abortion;
(3) The violence is intentionally exerted;
(4) Result of violence – fetus dies, either in the womb or expelled therefrom.
ABORTION PRACTICED BY THE WOMAN HERSELF OR BY PARENTS
(1) There is a pregnant woman who has suffered an abortion;
(2) Abortion is intended;
(3) Abortion is caused by –
(a) The pregnant woman herself;
(b) Any other person, with her consent; or
(c) Any of her parents, with her consent for the purpose of concealing her dishonour.
ABORTION BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES
(1) There is a pregnant woman who has suffered an abortion;
(2) The abortion is intended;
(3) Offender, who must be a physician or midwife, caused or assisted in causing the abortion;
(4) Said physician or midwife took advantage of his or her scientific knowledge or skill.
Elements ABORTION BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES (for pharmacists):
(1) The offender is a pharmacist;
(2) There is no proper prescription from a physician;
(3) The offender dispenses any abortive.
RESPONSIBILITY OF PARTICIPANTS IN A DUEL
Mode 1: Killing one’s adversary in a duel;
Mode 2: Inflicting upon such adversary physical injuries;
Mode 3: Making a combat although no physical injuries have been inflicted.
