Criminal Law Book 1: Legal Excuses Quiz
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Criminal Law Book 1: Legal Excuses Quiz

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Questions and Answers

What is an insuperable cause?

  • A minor legal infraction
  • A type of mental illness
  • A reason for ignoring the law
  • A factor that prevents legal compliance (correct)
  • Imbecility and insanity are always grounds for exemption from criminal liability.

    False

    At what minimum age is a person exempt from criminal liability?

    15 years

    To prove criminal liability, a child must be proven to have acted with __________.

    <p>discernment</p> Signup and view all the answers

    What is one example of an intervention program for children exempt from criminal liability?

    <p>Community Involvement</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Imbecility = Completely deprived of reason or will Insanity = Complete absence of intelligence or discernment CICL = Child in conflict with the law Legal Excuse = Justification for not complying with the law</p> Signup and view all the answers

    Police officers who fail to deliver an accused are liable for arbitrary detention.

    <p>False</p> Signup and view all the answers

    What must be proven for a child above 15 but below 18 to face criminal proceedings?

    <p>That they acted with discernment</p> Signup and view all the answers

    What is the maximum age for a child to be released to their parents or guardians when taken into custody?

    <p>15 years old</p> Signup and view all the answers

    A child aged 9 years or below has absolute exemption from criminal liability.

    <p>True</p> Signup and view all the answers

    What is the role of the Local MSWD Officer upon taking custody of a child?

    <p>To determine appropriate programs in consultation with the child and the person having custody over the child.</p> Signup and view all the answers

    Children aged ___ to ___ years old may face mitigated criminal liability if they acted with discernment.

    <p>10 to 14</p> Signup and view all the answers

    In case parents refuse to take custody of a child, to whom may the child be released?

    <p>A barangay official or member of Barangay Council for the Protection of Children</p> Signup and view all the answers

    A child who is abandoned, neglected or abused may not be subjected to involuntary commitment.

    <p>False</p> Signup and view all the answers

    What must the DSWD or LSWDO do if the child's parents do not comply with the prevention program?

    <p>File a proper petition for involuntary commitment.</p> Signup and view all the answers

    Match the age group with the corresponding criminal liability status:

    <p>9 years old and below = Absolute Exemption 10 to 14 years old with discernment = Mitigated Criminal Liability 10 to 14 years old without discernment = Not Exempt from Liability 15 years old and above = Full Criminal Liability</p> Signup and view all the answers

    At what age is a person considered to have full responsibility for criminal liability?

    <p>18 years old</p> Signup and view all the answers

    Children under 18 years old can be prosecuted for the crime of vagrancy.

    <p>False</p> Signup and view all the answers

    What happens to a child under 18 years who is found guilty of an offense?

    <p>They are placed under suspended sentence.</p> Signup and view all the answers

    The act of wandering from one place to another with no apparent means of financial support is known as _____

    <p>vagrancy</p> Signup and view all the answers

    Match the offenses with their definitions:

    <p>Prostitution = A crime defined only for women Mendicancy = Living by begging without lawful means of support Sniffing of Rugby = Using a harmful substance Spontaneous Desistance = Voluntarily stopping crime before completion</p> Signup and view all the answers

    What is an example of an absolutory cause?

    <p>Spontaneous Desistance of a felony</p> Signup and view all the answers

    Persons below 18 years of age are subject to severe penalties for all crimes.

    <p>False</p> Signup and view all the answers

    What should children who are exempt from prosecution undergo?

    <p>Counseling and treatment programs.</p> Signup and view all the answers

    Who among the following is NOT exempt from criminal liability under Art. 20?

    <p>Best friend</p> Signup and view all the answers

    An accessory is exempt from criminal liability for any relative, including friends, under Art. 20.

    <p>False</p> Signup and view all the answers

    What is the penalty for a married person who kills their spouse and another person caught in an act of infidelity?

    <p>Destierro</p> Signup and view all the answers

    An accessory is exempt from criminal liability if the principal is his or her ___.

    <p>relative</p> Signup and view all the answers

    Match the following concepts to their definitions:

    <p>Art. 20 = Exemptions based on familial ties Art. 124 = Legal grounds for detention due to insanity Art. 247 = Penalty for infidelity-related murder Entrapment = Law enforcer's method to catch criminals</p> Signup and view all the answers

    Under which conditions may a person be detained according to Art. 124?

    <p>For committing a crime due to violent insanity</p> Signup and view all the answers

    Entrapment involves the law enforcement officer creating the criminal design.

    <p>False</p> Signup and view all the answers

    What does the term 'destierro' mean?

    <p>Banishment</p> Signup and view all the answers

    What is instigation in the context of criminal law?

    <p>The act of inducing someone to commit a crime they had no intention of committing</p> Signup and view all the answers

    In a buy-bust operation, the law enforcer must not intervene in the crime being committed.

    <p>False</p> Signup and view all the answers

    What are mitigating circumstances?

    <p>Circumstances that reduce the penalty for a crime but do not entirely eliminate criminal liability.</p> Signup and view all the answers

    The law enforcer's act of inducing a person to commit a crime is known as ___.

    <p>instigation</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Ordinary Mitigating = Can be offset by aggravating circumstances Privilege Mitigating = Cannot be offset by aggravating circumstances Buy-Bust Operation = Form of entrapment to catch law breakers Instigation = Inducing a person to commit a crime</p> Signup and view all the answers

    Which of the following is an example of privilege mitigating circumstances?

    <p>An offender receiving a lower penalty by one or more degrees</p> Signup and view all the answers

    A lack of criminal record is considered an ordinary mitigating circumstance.

    <p>True</p> Signup and view all the answers

    What is the primary purpose of a buy-bust operation?

    <p>To trap and capture law breakers during the execution of their criminal plans.</p> Signup and view all the answers

    Study Notes

    Insuperable Cause

    • An insuperable cause is a legal excuse or justification that makes compliance with the law impossible.
    • Example: A priest is not allowed to reveal confessions due to legal protections.

    Imbecility and Insanity

    • Imbecility: Refers to a person completely deprived of reason and free will at the crime's commission.
    • Insanity: Occurs when an individual lacks the intelligence or reason during the act, therefore may not always be exempt from liability if a lucid interval can be proven.

    Minimum Age of Criminal Liability

    • Children aged 15 and below are exempt from criminal liability but must undergo intervention programs.
    • Those aged between 15 and 17 are also exempt unless they acted with discernment, in which case appropriate legal proceedings follow.
    • Determination of age relies on birth certificates, baptismal records, or testimony.

    Children Below the Age of Criminal Liability

    • Children 15 years old or below must be released to their parents or guardians.
    • Authorities must notify the Local MSWD Officer to determine necessary intervention programs.
    • If custody is refused, the child may be released to a barangay official, with provisions for involuntary commitment in cases of negligence or abuse.

    Periods of Criminal Liability Under RPC

    • Ages 9 and below: Absolute exemption from liability.
    • Ages 10 to 14: May have mitigated liability if acted with discernment.
    • Ages 15 to 17: Mitigated criminal liability.
    • Ages 18 to 70: Full criminal responsibility applies.
    • Courts will suspend sentences for those under 18 convicted of crimes.

    Offenses Not Applicable to Children

    • Below 18 years of age are exempt from prosecution for crimes such as vagrancy, prostitution (limited to women), mendicancy, and sniffing of rugby.
    • Mandatory counseling and treatment programs are required for these offenses.

    Absolutory Cause

    • Refers to acts that are technically crimes but carry no penalties for policy reasons.
    • Example: Spontaneous desistance allows offenders to stop crime execution voluntarily without legal repercussions.
    • Accessories related to certain crimes can be exempt based on familial relationships.

    Distinction Between Instigation and Entrapment

    • Entrapment: Law enforcement induces arrest through means where the crime was premeditated by the offender; law enforcers are not liable.
    • Instigation: Law enforcer induces someone with no prior intent to commit a crime; law enforcers can be held liable.

    Buy-Bust Operation

    • A specific form of entrapment designed to catch lawbreakers in the act, involving a transaction with marked money.

    Mitigating Circumstances

    • Circumstances that reduce penalty severity but do not absolve criminal liability.
    • Factors like age, mental condition, and lack of prior criminal record are considered.
    • Ordinary Mitigating: Can be offset by aggravating circumstances, reducing the penalty’s duration.
    • Privilege Mitigating: Cannot be offset by aggravating circumstances and results in a lower penalty than provided by law.

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    Description

    Test your knowledge on insuperable causes in criminal law. This quiz explores legal excuses and justifications that prevent individuals from complying with laws, including relevant concepts like imbecility and insanity. Understand the implications of confession and police conduct in legal contexts.

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