Accessory and Principal Penalties Overview
10 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is required for two or more felonies to be considered a complex crime?

  • At least one felony must be less grave.
  • An offense must be necessary for committing the other. (correct)
  • They must involve different victims.
  • They must occur within the same timeframe.

    • What happens to items confiscated in favor of the government?

  • They are destroyed if not subject to lawful commerce. (correct)
  • They are returned to the owner after trial.
  • They become property of local law enforcement.
  • They must be sold at a public auction.

    • Which of the following pertains to the right of suffrage?

  • The right to bear arms.
  • The right to own property.
  • The right to vote and be voted for. (correct)
  • The right to free speech.

    • What does the term 'accessory penalties' refer to?

    <p>Penalties imposed on accessories involved in a crime.</p> Signup and view all the answers

    What is expected from a person in court regarding guarantees?

    <p>They must present sufficient guarantees for certain undertakings.</p> Signup and view all the answers

    What is an accessory penalty for someone sentenced to death?

    <p>Perpetual absolute disqualification and civil interdiction for 30 years</p> Signup and view all the answers

    Which of the following is NOT an accessory penalty applicable to reclusion perpetua?

    <p>Temporary disqualification for 5 years</p> Signup and view all the answers

    What happens to the property of a third person not liable in the crime during confiscation and forfeiture?

    <p>It remains unaffected by the judicial proceeding</p> Signup and view all the answers

    Which accessory penalty is specifically mentioned for the 'Prison Mayor'?

    <p>Accessory penalty for prison mayor</p> Signup and view all the answers

    What type of penalties are included under accessory penalties according to the content?

    <p>Disqualification suspension and civil interdiction</p> Signup and view all the answers

    Study Notes

    Accessory Penalties

    • Accessory penalties are additional punishments imposed on top of the principal penalty.
    • They impact rights like voting, holding public office, and parental authority.
    • Apply to certain offenses, like grave felonies and less grave felonies.

    Civil Interdiction

    • This accessory penalty affects a person's rights and duties in civil life.
    • It can be imposed for life or for a specific duration.
    • It can restrict:
      • Rights to manage property
      • Enter into contracts
      • Exercise parental authority
      • Hold public office

    Principal Penalties & Accessory Penalties

    • Principal penalties are the main punishments for a crime (e.g., imprisonment, death penalty).
    • Accessory penalties are additional punishments that accompany the principal penalty.

    Principal Penalty: Death and Accessory Penalties

    • Accessory penalties for death include perpetual absolute disqualification and civil interdiction for 30 years following the death sentence.

    Principal Penalties Reclusion Perpetua & Reclusion Temporal and Accessory Penalties

    • Civil interdiction is imposed for life or during the period of the sentence.

    Destierro

    • Destierro is an accessory penalty.
    • It involves the restriction of movement to a specific location.
      • This means the person cannot live in a certain area.
    • It can be imposed for a specified period.

    Penalties Other than Principal & Accessory Penalties

    • These include:
      • Disqualification
      • Suspension
      • Civil interdiction

    Confiscation and Forfeiture

    • These penalties involve the seizure of property or items used in a crime.
    • The items are usually taken by the government.
    • Exceptions:
      • If the item belongs to someone not involved in the crime.
      • The seized items are not for lawful commerce, they will be destroyed.

    Right to Vote and Be Voted For

    • This right is affected by certain accessory penalties.
    • The duration of the disqualification depends on the offense and the specific penalty imposed

    Principal, Accomplice, Accessories

    • These are legal categories related to criminal liability:
      • Principal: Directly carries out the crime
      • Accomplice: Assists the principal in
        • Carrying out the crime
        • Inducing it to be committed
        • Facilitating its commission
      • Accessories: Help the principal after the crime
        • Concealing the identity of the principal
        • Providing shelter for the principal.
        • Assisting the principal with escaping.
        • Hiding the instruments or evidence of the crime.

    Criminal Liability for Grave and Less Grave Felonies

    • Grave felonies carry a heavier penalties.
    • Less grave felonies carry lighter penalties.
    • Both can result in accessory penalties.

    Bail

    • This is a financial security provided by the accused in a criminal case. It is a guarantee of their appearance at court hearings.
    • The amount is set by a court and may depend on the nature of the offense and the risk of flight.
    • It is a specific type of penalty, but not an accessory penalty.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    This quiz explores the concepts of accessory penalties and principal penalties in the legal system. It covers how these penalties impact civil rights and duties, particularly in the context of serious offenses. Test your knowledge on the distinctions and implications of these penalties within criminal law.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser