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?

<p>Inhuman and degrading punishment (D)</p> Signup and view all the answers

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

<p>Recidivist (C)</p> Signup and view all the answers

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

<p>Imprudencia (C)</p> Signup and view all the answers

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

<p>Rehabilitation and reintegration (C)</p> Signup and view all the answers

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

<p>Intent (B)</p> Signup and view all the answers

What is considered a crime against personal freedom?

<p>Kidnapping (C)</p> Signup and view all the answers

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

<p>Sexual harassment (D)</p> Signup and view all the answers

What type of offence does 'calumnias' refer to?

<p>False accusation of a crime (D)</p> Signup and view all the answers

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

<p>Failure to provide aid or assistance (B)</p> Signup and view all the answers

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

<p>Theft or larceny (D)</p> Signup and view all the answers

Which act is included under coercion?

<p>Threat of bodily harm (B)</p> Signup and view all the answers

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

<p>Trespassing (D)</p> Signup and view all the answers

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

<p>Insulting someone verbally (A)</p> Signup and view all the answers

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

<p>Suspension of sentence (A)</p> Signup and view all the answers

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

<p>Imposition of financial penalties (A)</p> Signup and view all the answers

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

<p>Battery (C)</p> Signup and view all the answers

Which of the following describes ‘homicidio imprudente’?

<p>Negligent homicide (D)</p> Signup and view all the answers

What distinguishes ‘assault’ from ‘battery’?

<p>Assault involves threats while battery involves physical harm (D)</p> Signup and view all the answers

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

<p>Community service (C)</p> Signup and view all the answers

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

<p>Aiding and inducing to suicide (D)</p> Signup and view all the answers

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

<p>Imprisonment (C)</p> Signup and view all the answers

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

<p>Robbery (C)</p> Signup and view all the answers

Which of the following is an example of corporate mismanagement?

<p>Inflating company profits (A)</p> Signup and view all the answers

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

<p>Fraud in insolvency (C)</p> Signup and view all the answers

Which offense involves the import or export of false currency?

<p>Counterfeiting of Money (C)</p> Signup and view all the answers

What does 'appropriation indebida' refer to?

<p>Unauthorized use of property (D)</p> Signup and view all the answers

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

<p>Falsification of corporate documents (D)</p> Signup and view all the answers

What is the first stage of money laundering?

<p>Placement of illicit profits into a legitimate financial system (C)</p> Signup and view all the answers

Which of the following best defines embezzlement?

<p>The appropriation of public funds for personal use (A)</p> Signup and view all the answers

Human trafficking is categorized under which type of crime?

<p>Offences against persons (A)</p> Signup and view all the answers

What is prevaricación judicial?

<p>Judicial misconduct through unfair decisions (C)</p> Signup and view all the answers

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

<p>Fraud (A)</p> Signup and view all the answers

Which action is associated with 'tráfico de influencias'?

<p>Influencing public officials for economic gain (A)</p> Signup and view all the answers

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

<p>Investment in stock markets (C)</p> Signup and view all the answers

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

<p>Perjury (B)</p> Signup and view all the answers

Which term refers to aiding and abetting after the fact?

<p>Encubrimiento (C)</p> Signup and view all the answers

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

<p>To conceal illegal origins of funds (A)</p> Signup and view all the answers

What does the Principle of Legality emphasize in Criminal Law?

<p>No one can be punished under a law unless the law is established beforehand. (D)</p> Signup and view all the answers

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

<p>Principle of Proportional Punishment (B)</p> Signup and view all the answers

What does the right to a fair trial entail?

<p>The trial must be conducted in a manner that is impartial and meets legal standards. (C)</p> Signup and view all the answers

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

<p>Double Jeopardy (C)</p> Signup and view all the answers

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

<p>Right to Know or Be Informed of the Charges (B)</p> Signup and view all the answers

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

<p>A defendant's guilt must be established beyond a reasonable doubt. (B)</p> Signup and view all the answers

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

<p>Principle of Resocialization (D)</p> Signup and view all the answers

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

<p>Right to Self-Representation (D)</p> Signup and view all the answers

Flashcards

Principle of Legality

The principle that a person can only be punished for a crime if it was a crime at the time it was committed. You cannot be punished for something that wasn't a crime at the time.

Principle of Proportionality

This principle ensures that the punishment fits the crime and is not excessively harsh. This principle helps maintain fairness and balance within the legal system.

Principle of Culpability

The principle that a person can only be punished for a crime if they were guilty of that crime. This means that you can't be punished "just in case."

Principle of Rehabilitation

This principle aims to help people who have committed a crime to re-enter society. This can involve programs that help with education, job training, and other skills.

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Principle of Humane Punishment

This principle means that punishments should not be cruel or inhumane. This ensures that people are treated with dignity, even if they have committed crimes.

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Double Jeopardy

The principle that a person cannot be tried twice for the same crime. Even if new evidence comes up.

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Lenity Doctrine

A legal principle that suggests that in cases of doubt, the judge should rule in favor of the accused.

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Right to Due Process

The right to a fair trial. This includes access to legal representation and the opportunity to present your case.

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Crime of commission

A crime that involves someone taking action to commit a crime.

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Crime by omission

A crime that involves failing to act when there's a legal duty to do so.

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Felony

A serious crime, such as murder or robbery.

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Misdemeanor

A less serious crime, often with a smaller punishment.

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Causal connection

The link between an act and the consequences that result from that act.

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Criminal intent

The mental state of intending to commit a crime, implying knowledge and planning.

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Culpability

The state of being guilty of a crime, involving responsibility and accountability.

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Criminal attempt

An incomplete crime that shows intent to commit a crime but stops short of completing it.

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Community Service

A type of sentence where the offender is not imprisoned, but instead has to perform unpaid work for the community.

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Fines

A punishment where the offender is ordered to pay a sum of money to the state.

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Forfeiture of Rights

When the offender is prohibited from certain activities or places. Examples: Driving, approaching the victim, or traveling to certain areas.

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Assault

The intentional act of causing fear of immediate harm or violence to another person. Focuses on the threat and intent.

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Battery

The unlawful physical contact with another person, resulting in injury. Focuses on the actual act and resulting harm.

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Murder

The intentional killing of another person, often with premeditation.

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Negligent Homicide

Causing the death of another person due to negligence, recklessness or carelessness.

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Aiding and Inducement to Suicide

The intentional act of aiding or encouraging someone to commit suicide.

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Unlawful Imprisonment / Detention

Detaining someone against their will without legal justification. This can include scenarios like holding someone captive or preventing them from leaving a specific location.

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Kidnapping (Secuestro)

Taking someone hostage and holding them against their will, often with the intent of demanding a ransom or achieving other specific goals.

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Threat (Amenaza)

Expressing a serious intention to cause harm or death to another person, either verbally or in writing. This involves the threat itself, not necessarily the actual act of harm.

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Coercion (Coacciones)

A form of abuse that involves forcing someone to perform an action against their will, often through intimidation, manipulation, or the use of pressure.

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Sexual Assault (Agresiones Sexuales)

An assault that involves unwelcome physical contact with a sexual connotation, including touching, grabbing, or any other form of unwanted contact.

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Sexual Abuse (Abusos Sexuales)

Sexual behavior that occurs without consent, including acts that are exploitative or abusive in nature. This can involve touching, actions, or non-physical acts that are sexually suggestive or directed at a victim.

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Invasion of Privacy (Vulneración o Intromisión de la Intimidad)

Intruding upon someone's private life without their authorization, such as eavesdropping, accessing private information, or sharing private details without consent.

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Trespassing (Allanamiento)

Gaining entry into someone's home or property without permission or lawful justification. This could involve breaking into someone's house, illegally entering a private area, or trespassing on private land.

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Burglary

A crime where someone uses force to enter a building and steal property, often with the intention of causing harm. Occurs when there is an illegal entry, with intent to steal and/or commit another crime.

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Robbery

A crime where someone uses violence or intimidation to take property from another person. Involves the threat or use of force to steal.

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Human Trafficking

A type of crime that involves exploiting humans for profit. It can include forced labor, sexual exploitation, organ removal, and other forms of abuse.

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Illegal Trafficking of Organs

The unlawful removal of organs from a person without their consent. This can involve buying and selling organs for transplantation. It can also involve unethical sourcing, such as from deceased people without informed consent.

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Offences of Genetic Manipulation

Crimes involve changing the genetic makeup of organisms, often without legitimate scientific or medical purposes. This can include altering genes, creating bioweapons, or manipulating embryos.

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Fraud

A business crime where a company or individual is involved in deceitful practices to gain financial advantage. This can involve creating false documents, misleading investors, or defrauding customers.

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Misappropriation

The act of taking possession of someone else's property with the intention of keeping it permanently, usually without consent. It often involves financial assets, like stolen cash or securities.

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Insolvency Fraud

Fraudulent activities carried out by individuals or businesses to avoid paying debts they owe. Can involve hiding assets, selling property at below market value, or creating false financial records.

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Forgery of documents (Falsedades documentales)

The act of deliberately creating a fake document, such as a certificate, contract, or official paper, with the intent to deceive.

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Influence peddling (Tráfico de influencias)

Influencing a public official or civil servant to get a favorable decision that brings personal economic gain.

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Embezzlement (Malversación)

The act of misusing or stealing money or property entrusted to you, typically public funds or those belonging to the organization you work for.

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Corruption (Corrupción)

A broad term that encompasses various forms of illegal activities, including bribery, corruption, and influence peddling. It involves the abuse of power or position for personal gain, especially within government or public institutions.

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Money laundering (Blanqueo de Capitales)

The process by which criminals attempt to conceal the illegal origin of their money or income.

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Unfair judicial decisions (Prevaricación judicial)

A judge deliberately making unfair or unjust decisions.

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Failure of the duty to prevent or prosecute offenses (Omisión del deber de impedir la comisión de un delito o de promover su persecución)

Failing to take action to prevent a crime or report it to the authorities when you have a legal duty to do so.

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Perjury (Falso testimonio)

Providing false testimony under oath in a legal proceeding.

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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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