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Questions and Answers
What is the primary condition for committing the crime of possession of pick locks under Article 304?
What is the primary condition for committing the crime of possession of pick locks under Article 304?
- Having a lawful cause for possessing pick locks
- Using pick locks to commit robbery
- Making pick locks with the intention of committing a crime
- Possessing pick locks without a lawful cause (correct)
What is the main difference between Article 304 and Article 305?
What is the main difference between Article 304 and Article 305?
- Article 304 deals with lawful possession, while Article 305 deals with unlawful possession
- Article 304 deals with pick locks, while Article 305 deals with false keys (correct)
- Article 304 deals with possession of pick locks, while Article 305 deals with making false keys
- Article 304 deals with robbery, while Article 305 deals with theft
What is considered a 'false key' under Article 305?
What is considered a 'false key' under Article 305?
- Any key used to commit a crime
- A key intended by the owner for use in a lock
- Tools mentioned in the preceding articles, including Italian pick locks (correct)
- A stolen key used by the owner
Who can commit the crime of possession of pick locks under Article 304?
Who can commit the crime of possession of pick locks under Article 304?
What is the third condition for committing the crime of possession of pick locks under Article 304?
What is the third condition for committing the crime of possession of pick locks under Article 304?
What is the common element between Article 304 and Article 305?
What is the common element between Article 304 and Article 305?
Study Notes
Legal Definitions of Tools and Keys
- Article 304 addresses possession of pick locks and similar tools, particularly if adapted for robbery.
- An individual commits an offense if they possess pick locks or similar tools without lawful cause, especially tools meant for robbery.
- Three conditions define the offense under Article 304:
- Possession of pick locks or similar tools.
- Tools are specifically modified for committing robbery.
- No lawful justification for possessing such tools.
False Keys Under Article 305
- Article 305 defines what constitutes false keys.
- False keys include:
- Tools similar to those outlined in Article 304.
- Genuine keys that have been stolen from the owner.
- Any keys not specifically intended by the owner for opening the corresponding lock that is forcibly accessed by the offender.
Implications of the Offenses
- The legal framework aims to deter possession and use of tools intended for criminal activity.
- The distinction between lawful and unlawful possession is critical for enforcement and prosecution.
- Engaging with or accumulating tools that aid in robbery can lead to severe legal consequences.
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Description
Test your knowledge on Article 304 of the law, which deals with the possession of pick locks and false keys, and the penalties for committing such crimes.