Podcast
Questions and Answers
What is an insuperable cause?
What is an insuperable cause?
Imbecility and insanity are always grounds for exemption from criminal liability.
Imbecility and insanity are always grounds for exemption from criminal liability.
False
At what minimum age is a person exempt from criminal liability?
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 __________.
To prove criminal liability, a child must be proven to have acted with __________.
Signup and view all the answers
What is one example of an intervention program for children exempt from criminal liability?
What is one example of an intervention program for children exempt from criminal liability?
Signup and view all the answers
Match the following terms with their definitions:
Match the following terms with their definitions:
Signup and view all the answers
Police officers who fail to deliver an accused are liable for arbitrary detention.
Police officers who fail to deliver an accused are liable for arbitrary detention.
Signup and view all the answers
What must be proven for a child above 15 but below 18 to face criminal proceedings?
What must be proven for a child above 15 but below 18 to face criminal proceedings?
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?
What is the maximum age for a child to be released to their parents or guardians when taken into custody?
Signup and view all the answers
A child aged 9 years or below has absolute exemption from criminal liability.
A child aged 9 years or below has absolute exemption from criminal liability.
Signup and view all the answers
What is the role of the Local MSWD Officer upon taking custody of a child?
What is the role of the Local MSWD Officer upon taking custody of a child?
Signup and view all the answers
Children aged ___ to ___ years old may face mitigated criminal liability if they acted with discernment.
Children aged ___ to ___ years old may face mitigated criminal liability if they acted with discernment.
Signup and view all the answers
In case parents refuse to take custody of a child, to whom may the child be released?
In case parents refuse to take custody of a child, to whom may the child be released?
Signup and view all the answers
A child who is abandoned, neglected or abused may not be subjected to involuntary commitment.
A child who is abandoned, neglected or abused may not be subjected to involuntary commitment.
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?
What must the DSWD or LSWDO do if the child's parents do not comply with the prevention program?
Signup and view all the answers
Match the age group with the corresponding criminal liability status:
Match the age group with the corresponding criminal liability status:
Signup and view all the answers
At what age is a person considered to have full responsibility for criminal liability?
At what age is a person considered to have full responsibility for criminal liability?
Signup and view all the answers
Children under 18 years old can be prosecuted for the crime of vagrancy.
Children under 18 years old can be prosecuted for the crime of vagrancy.
Signup and view all the answers
What happens to a child under 18 years who is found guilty of an offense?
What happens to a child under 18 years who is found guilty of an offense?
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 _____
The act of wandering from one place to another with no apparent means of financial support is known as _____
Signup and view all the answers
Match the offenses with their definitions:
Match the offenses with their definitions:
Signup and view all the answers
What is an example of an absolutory cause?
What is an example of an absolutory cause?
Signup and view all the answers
Persons below 18 years of age are subject to severe penalties for all crimes.
Persons below 18 years of age are subject to severe penalties for all crimes.
Signup and view all the answers
What should children who are exempt from prosecution undergo?
What should children who are exempt from prosecution undergo?
Signup and view all the answers
Who among the following is NOT exempt from criminal liability under Art. 20?
Who among the following is NOT exempt from criminal liability under Art. 20?
Signup and view all the answers
An accessory is exempt from criminal liability for any relative, including friends, under Art. 20.
An accessory is exempt from criminal liability for any relative, including friends, under Art. 20.
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?
What is the penalty for a married person who kills their spouse and another person caught in an act of infidelity?
Signup and view all the answers
An accessory is exempt from criminal liability if the principal is his or her ___.
An accessory is exempt from criminal liability if the principal is his or her ___.
Signup and view all the answers
Match the following concepts to their definitions:
Match the following concepts to their definitions:
Signup and view all the answers
Under which conditions may a person be detained according to Art. 124?
Under which conditions may a person be detained according to Art. 124?
Signup and view all the answers
Entrapment involves the law enforcement officer creating the criminal design.
Entrapment involves the law enforcement officer creating the criminal design.
Signup and view all the answers
What does the term 'destierro' mean?
What does the term 'destierro' mean?
Signup and view all the answers
What is instigation in the context of criminal law?
What is instigation in the context of criminal law?
Signup and view all the answers
In a buy-bust operation, the law enforcer must not intervene in the crime being committed.
In a buy-bust operation, the law enforcer must not intervene in the crime being committed.
Signup and view all the answers
What are mitigating circumstances?
What are mitigating circumstances?
Signup and view all the answers
The law enforcer's act of inducing a person to commit a crime is known as ___.
The law enforcer's act of inducing a person to commit a crime is known as ___.
Signup and view all the answers
Match the following terms with their definitions:
Match the following terms with their definitions:
Signup and view all the answers
Which of the following is an example of privilege mitigating circumstances?
Which of the following is an example of privilege mitigating circumstances?
Signup and view all the answers
A lack of criminal record is considered an ordinary mitigating circumstance.
A lack of criminal record is considered an ordinary mitigating circumstance.
Signup and view all the answers
What is the primary purpose of a buy-bust operation?
What is the primary purpose of a buy-bust operation?
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
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.
