Title Eight: Crimes Against Persons

Question 1

Parricide

3

Answer 1

1. That a person is KILLED;
2. That the deceased is killed BY THE ACCUSED; and
3. That the DECEASED is the FATHER, MOTHER, or CHILD, whether legitimate or illegitimate, or other LEGITIMATE ASCENDANT or DESCENDANT, or the LEGITIMATE SPOUSE.

Question 2

Death or Physical Injuries Inflicted Under Exceptional Circumstances
(3)

Answer 2

1. That 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 COMMITTING SEXUAL INTERCOURSE with another person;
2. That 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; and
3. That he has NOT PROMOTED or FACILITATED the prostitution of his wife or daughter, or that he or she has NOT CONSENTED to the INFIDELITY of the other spouse.

Question 3

Murder

4

Answer 3

1. That a person was killed;
2. That the accused killed him;
3. That the killing was ATTENDED by any of the QUALIFYING CIRCUMSTANCES mentioned in Article 248; and
4. That the killing is NOT parricide or infanticide

Question 4

Homicide

4

Answer 4

1. That a person was killed;
2. That the accused killed him WITHOUT ANY JUSTIFYING CIRCUMSTANCE;
3. That the accused had the INTENTION TO KILL, which is presumed; and
4. That the killing was NOT ATTENDED by any of the qualifying circumstances of Murder, or by that of Parricide or Infanticide

Question 5

Death Caused in Tumultuous Affray

6

Answer 5

1. That there be SEVERAL persons;
2. That they did NOT compose of groups organized for the common purpose of ASSAULTING and ATTACKING each other RECIPROCALLY;
3. That these several persons QUARRELED and ASSAULTED one another in a CONFUSED and TUMULTUOUS manner;
4. That someone was KILLED in the course of the affray;
5. That it CANNOT BE ASCERTAINED who actually killed the deceased; and
6. That the persons who INFLICTED SERIOUS PHYSICAL INJURIES or who USED VIOLENCE upon the person of the victim can be IDENTIFIED

Question 6

Physical Injuries Inflicted in a Tumultuous Affray

4

Answer 6

1. That there is a tumultuous affray referred to in Article 251;
2. That a PARTICIPANT or SOME PARTICIPANTS thereof suffer SERIOUS PHYSICAL INJURY or physical injuries of a LESS SERIOUS nature only;
3. That the person responsible thereof CANNOT BE IDENTIFIED; and
4. That all those who appear to have USED VIOLENCE upon the person of the offended party are known.

Question 7

Giving Assistance to Suicide

2 PA

Answer 7

Punishable Acts:

1. ASSISTING another to commit suicide, whether the suicide is consummated or not; and
2. Lending his assistance to another to commit suicide to the extent of DOING THE KILLING HIMSELF

Question 8

Discharge of Firearms

2

Answer 8

1. That the offender discharges a firearm against or at another person; and
2. That the offender has NO INTENTION TO KILL that person,

Question 9

Infanticide

3

Answer 9

1. That a child was killed;
2. That the deceased child was LESS THAN 3 DAYS (72 hours); and
3. That the accused killed said child

Question 10

Intentional Abortion
(3)

Punishable Acts:

1. Using any VIOLENCE upon the person of the pregnant woman;
2. Acting, WITHOUT using VIOLENCE and WITHOUT the CONSENT of the woman, by ADMINISTERING DRUGS or BEVERAGES upon such pregnant woman; and
3. Acting WITH CONSENT of the pregnant woman, by administering drugs or beverages.

Answer 10

1. That there is a pregnant woman;
2. That VIOLENCE is exerted, or DRUGS or BEVERAGES administered, or that the accused otherwise ACTS upon such pregnant woman;
3. That 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; and
4. That the abortion is INTENDED

Question 11

Unintentional Abortion
(4)

Answer 11

1. That there is a pregnant woman;
2. That VIOLENCE is used upon such pregnant woman WITHOUT INTENDING ABORTION;
3. That the violence is INTENTIONALLY EXERTED; and
4. That as a result of the violence, the FETUS DIES either in the womb or after having been expelled therefrom

Question 12

Abortion Practiced by the Woman Herself or her Parents

3

Answer 12

1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion is INTENDED; and
3. That the 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 dishonor

Question 13

Abortion Practiced by a Physician or Midwife In Dispensing Abortives
(4)

Answer 13

1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion is INTENDED;
3. That the offender, who must be a PHYSICIAN or MIDWIFE, causes or assists in causing the abortion; and
4. That said physician or midwife TAKES ADVANTAGE of his or her SCIENTIFIC KNOWLEDGE or SKILL

Question 14

Duel

3 PA

Answer 14

1. Killing one’s adversary in a duel;
2. By inflicting upon such adversary Physical Injuries; and
3. Making a combat although no physical injuries have been inflicted.

Question 15

Challenging to a Duel

3 PA

Answer 15

1. Challenging another to a duel;
2. Inciting another to give or accept a challenge to a duel;
3. Scoffing or decrying another publicly for having refused to accept a challenge to fight a duel

Question 16

Mutilation

2 PA

Answer 16

Punishable Acts:
1. Intentionally mutilating another by depriving him either totally or partially, of some essential organ for reproduction
A) That there be CASTRATION, that is mutilation of organs necessary for generation, such as penis or ovarium; and
B) That the mutilation is caused PURPOSELY and DELIBERATELY, that is to deprive the offended party of some essential organ for REPRODUCTION

2. Intentionally making OTHER MUTILATION, that is by LOPPING or CLIPPING OFF any part of the body of the offended party, OTHER THAN the essential organ for reproduction, to DEPRIVE him of that part of the body

Question 17

Serious Physical Injuries

Punishable Acts

1. Wounding
2. Assaulting
3. Beating
4. Administering Injurious Substance

Answer 17

1. When the injured person becomes INSANE, IMBECILE, IMPOTENT or BLIND as a consequence of the physical injuries inflicted;
2. When the injured person—
   A) loses the USE OF SPEECH, or the power to HEAR or SMELL, or loses an EYE, A HAND, a FOOT, an ARM, or a LEG;
   B) loses the USE of ANY such member; or
   C) Becomes INCAPACITATED for the work in which he was HABITUALLY ENGAGED, in consequence of the physical injuries inflicted
3. When the person injured—
   A) Becomes deformed: i. Physical ugliness ii. Permanent and definite abnormality and iii. Conspicuous and visible
   B) loses any OTHER MEMBER of his body;
   C) lose the USE thereof; or
   D) Becomes ILL or INCAPACITATED for the performance of the work which he was HABITUALLY ENGAGED for MORE THAN 90 DAYS, in consequence of the physical injuries inflicted
4. When the injured person becomes ILL or INCAPACITATED for LABOR for MORE THAN 30 Days (but must not be more than 90 days), as a result of the physical injuries inflicted.

Question 18

Administering Injurious Substance or Beverages

3

Answer 18

1. That the offender inflicted upon another any SERIOUS physical injury;
2. That it was done by KNOWINGLY administering to him any injurious substances or beverages or by TAKING ADVANTAGE of his weakness of mind or credulity; and
3. That he had NO INTENT TO KILL

Question 19

Less Serious Physical Injuries

2

Answer 19

1. The offended party is INCAPACITATED for LABOR for 10 DAYS OR MORE but NOT MORE THAN 30 days, or needs MEDICAL ATTENDANCE for the same period;
2. The physical injuries must NOT be those described in the preceding articles.

Question 20

Slight Physical Injuries and Maltreatment

3 PA

Answer 20

1. Physical Injuries which INCAPACITATED the offended party for LABOR from 1 to 9 Days, or required MEDICAL ATTENDANCE during the same period;
2. Physical injuries which did NOT PREVENT the offended party from engaging in his habitual work or which did NOT REQUIRE medical attendance; and
3. ILL TREATMENT of another BY DEED without causing any injury