2. Derecho Penal

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Questions and Answers

What is the definition of 'delito activo'?

A crime that does not cause harm

A lesser crime

Crime by omission

Crime of commission (correct)

What does 'dolo' signify in criminal law?

Criminal intent (correct)

Failure to act

Negligence

Mistake

Which of the following is considered a 'delito incompleto'?

Criminal conspiracy (correct)

Serious crime

Failure to act

Misdemeanor

What type of punishment is forbidden in the legal system discussed?

Inhuman and degrading punishment Signup and view all the answers

What term describes a person who continues to engage in criminal activity after a conviction?

Recidivist Signup and view all the answers

Which of the following terms refers to negligence in criminal law?

Imprudencia Signup and view all the answers

What is the purpose of punishment in the legal context described?

Rehabilitation and reintegration Signup and view all the answers

Which of the following is NOT a component of causal relationship in criminal law?

Intent Signup and view all the answers

What is considered a crime against personal freedom?

Kidnapping Signup and view all the answers

Which of the following is categorized under offences against a person's sexual freedom?

Sexual harassment Signup and view all the answers

What type of offence does 'calumnias' refer to?

False accusation of a crime Signup and view all the answers

Which of the following describes 'omisión del deber de socorro'?

Failure to provide aid or assistance Signup and view all the answers

What does 'hurto' specifically refer to in the context of property offences?

Theft or larceny Signup and view all the answers

Which act is included under coercion?

Threat of bodily harm Signup and view all the answers

What offense is likely involved when someone unlawfully enters a residence?

Trespassing Signup and view all the answers

Which of the following actions can be classified as 'injurias'?

Insulting someone verbally Signup and view all the answers

Which of the following terms refers to the temporary suspension of penal execution?

Suspension of sentence Signup and view all the answers

What is NOT a component of forfeiture of rights as a non-custodial sentence?

Imposition of financial penalties Signup and view all the answers

Which type of crime involves causing intentional physical harm to another person?

Battery Signup and view all the answers

Which of the following describes ‘homicidio imprudente’?

Negligent homicide Signup and view all the answers

What distinguishes ‘assault’ from ‘battery’?

Assault involves threats while battery involves physical harm Signup and view all the answers

Which of the following is a non-custodial sentence typically involving work for the community?

Community service Signup and view all the answers

What is the meaning of ‘auxilio e inducción al suicidio’?

Aiding and inducing to suicide Signup and view all the answers

Which of the following is NOT considered a non-custodial sentence?

Imprisonment Signup and view all the answers

What is defined as using violence or intimidation against individuals for economic gain?

Robbery Signup and view all the answers

Which of the following is an example of corporate mismanagement?

Inflating company profits Signup and view all the answers

What is a common form of fraud committed to avoid paying debts?

Fraud in insolvency Signup and view all the answers

Which offense involves the import or export of false currency?

Counterfeiting of Money Signup and view all the answers

What does 'appropriation indebida' refer to?

Unauthorized use of property Signup and view all the answers

Which crime involves altering documents to deceive stakeholders about an entity's financial position?

Falsification of corporate documents Signup and view all the answers

What is the first stage of money laundering?

Placement of illicit profits into a legitimate financial system Signup and view all the answers

Which of the following best defines embezzlement?

The appropriation of public funds for personal use Signup and view all the answers

Human trafficking is categorized under which type of crime?

Offences against persons Signup and view all the answers

What is prevaricación judicial?

Judicial misconduct through unfair decisions Signup and view all the answers

What kind of offence does not usually involve physical violence but involves deception?

Fraud Signup and view all the answers

Which action is associated with 'tráfico de influencias'?

Influencing public officials for economic gain Signup and view all the answers

Which of the following is NOT a phase of money laundering?

Investment in stock markets Signup and view all the answers

The act of giving false testimony in court is defined as which of the following?

Perjury Signup and view all the answers

Which term refers to aiding and abetting after the fact?

Encubrimiento Signup and view all the answers

What is the main purpose of 'blanqueo de capitales'?

To conceal illegal origins of funds Signup and view all the answers

What does the Principle of Legality emphasize in Criminal Law?

No one can be punished under a law unless the law is established beforehand. Signup and view all the answers

Which principle requires that a punishment fit the severity of the crime committed?

Principle of Proportional Punishment Signup and view all the answers

What does the right to a fair trial entail?

The trial must be conducted in a manner that is impartial and meets legal standards. Signup and view all the answers

Which of the following rights protects an individual from being tried more than once for the same crime?

Double Jeopardy Signup and view all the answers

Which right ensures that a defendant is informed of the charges against them?

Right to Know or Be Informed of the Charges Signup and view all the answers

What is the significance of the Innocent until Proven Guilty principle?

A defendant's guilt must be established beyond a reasonable doubt. Signup and view all the answers

Which principle focuses on the defendant's opportunity for rehabilitation rather than punishment?

Principle of Resocialization Signup and view all the answers

Which right allows an accused person to represent themselves in court?

Right to Self-Representation Signup and view all the answers

Study Notes

Criminal Law

Criminal law is a legal system that deals with criminal offenses
This subject includes general terminology, principles of criminal law, overview of different crimes, corporate criminal liability, and offenses.
There are various types of criminal offenses, including but not limited to: crimes of commission, crimes by omission, serious crimes, and minor offenses.
General terminology includes fundamental principles like the principle of legality, proportionality, culpability, rehabilitation, and humane punishment.

Principles of Criminal Law

Principle of legality: A punishment should be in accordance with the law.
Principle of proportionality: The punishment should fit the crime.
Principle of culpability: Guilt must be established.
Principle of rehabilitation: Aims for reforming offenders
Principle of humane punishment: Punishments should not be cruel or degrading.
Non bis in idem (double jeopardy): A person cannot be punished twice for the same crime.
In dubio pro reo (lenity doctrine): In case of doubt, the accused individual is considered innocent.

Rights of the Accused

Right to due process: Ensuring fair trial procedures
Right to a public trial with all due guarantees
Right to a speedy trial
Right to a fair trial
Right to an impartial judge
Right to know or be informed of the charges
Right of defense
Right to counsel (legal representation)
Right to free legal aid
Right to be assisted by a lawyer
Right to be assisted, in the event necessary, by a lawyer who has been assigned by the court
Right to self-representation
Right to appeal to a higher court

Overview of Different Crimes and Offences

Criminal Homicide: Includes murder, negligent homicide, cruelty, and aiding/inducing suicide
Battery or Bodily Harm: Causing injury to another causing physical or mental harm
Offences against personal freedom: Includes unlawful imprisonment, threats, and kidnapping, coercion, torture
Offences against sexual freedom: Includes sexual assault, abuse, and harassment
Offences against the right to privacy: Includes invasion of privacy, unauthorized access and disclosure of confidential information, and trespass
Defamation: Includes libel and slander
Offences against property: Covers theft, robbery, and burglary (involving violence and forceful entry)
Other crimes: Includes human trafficking, illegal trafficking of organs, and crimes involving genetic manipulation.

Corporate Criminal Liability and Offences

Falsification: Involves counterfeiting money, forging documents.
Money Laundering: Concealing the illicit origin of money or assets
Bribery and Influence Peddling: Influencing a public official to benefit oneself or entities.
Embezzlement: Misappropriating public funds
Corporate Crimes: include fraudulent acts, hindering shareholder rights, obstructing justice.
Penalties imposed on legal entities might include fines, dissolution of the entity, closing of establishments, and disqualification from public subsidies.

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Description

Explore the fundamental principles and terminology of criminal law, including various types of criminal offenses. This quiz covers the key concepts such as legality, proportionality, and humane punishment, providing a solid understanding of criminal liability and offense categorization.