Criminal Law Chapters 2-4

Questions and Answers

Who are considered principals in the context of criminal liability?

Those specified in Article 17

What is the definition of an accomplice in criminal law?

A person who cooperates in the execution of the offense by previous or simultaneous acts, but is not a principal.

Who are exempt from criminal liability as accessories?

Spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees.

What is a requirement for a felony to be punishable?

The penalty must be prescribed by law prior to the commission of the offense. Signup and view all the answers

Can a penal law have a retroactive effect?

Yes, if it favors the person guilty of a felony and they are not a habitual criminal. Signup and view all the answers

Who cannot benefit from the retroactive effect of penal laws?

Habitual criminals Signup and view all the answers

What is the relationship between the time of publication of a penal law and its effect on a final sentence?

A penal law can still have a retroactive effect even after a final sentence has been pronounced and the convict is serving the sentence. Signup and view all the answers

What is the purpose of Article 21 of the Penal Code?

To ensure that a felony is only punishable by a penalty prescribed by law prior to its commission. Signup and view all the answers

What is the primary difference between justifying circumstances and circumstances that exempt from criminal liability?

Justifying circumstances do not incur any criminal liability, whereas circumstances that exempt from criminal liability lead to exemption from liability. Signup and view all the answers

What is the significance of Article 13 in the context of criminal liability?

Article 13 outlines mitigating circumstances, which are factors that reduce the severity of criminal liability. Signup and view all the answers

What is the purpose of considering alternative circumstances in criminal law?

Alternative circumstances are taken into consideration to determine whether they should be considered as aggravating or mitigating circumstances based on the nature and effects of the crime. Signup and view all the answers

Under what conditions is intoxication considered a mitigating circumstance?

Intoxication is considered a mitigating circumstance when the offender commits a felony in a state of intoxication, but only if it is not habitual or subsequent to the plan to commit the felony. Signup and view all the answers

What is the significance of the relationship between the offender and the offended party in alternative circumstances?

The relationship between the offender and the offended party can be considered as an alternative circumstance, particularly if the offended party is a spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity. Signup and view all the answers

How do habitual or intentional intoxication impact criminal liability?

Habitual or intentional intoxication is considered an aggravating circumstance. Signup and view all the answers

What is the primary difference between aggravating and mitigating circumstances?

Aggravating circumstances increase the severity of criminal liability, while mitigating circumstances reduce it. Signup and view all the answers

What is the purpose of considering the degree of instruction and education of the offender in alternative circumstances?

The degree of instruction and education of the offender is considered as an alternative circumstance to determine whether it should be considered as an aggravating or mitigating circumstance. Signup and view all the answers

What is the primary purpose of Article 5 in relation to acts that are not punishable by law?

To report to the Chief Executive, through the Department of Justice, the reasons why the court believes the act should be made subject to legislation. Signup and view all the answers

In what circumstances may a court submit a statement to the Chief Executive regarding the imposition of a penalty?

When a strict enforcement of the provisions of the Code would result in the imposition of a clearly excessive penalty. Signup and view all the answers

What are the three categories of felonies mentioned in Article 6?

Consummated, frustrated, and attempted felonies. Signup and view all the answers

What distinguishes a consummated felony from a frustrated felony?

A consummated felony has all the necessary elements for its execution and accomplishment, whereas a frustrated felony lacks production of the felony due to independent causes. Signup and view all the answers

What is the defining characteristic of an attempted felony?

The offender commences the commission of a felony but does not perform all the acts of execution due to some cause or accident. Signup and view all the answers

What is the exception to the rule that light felonies are punishable only when consummated?

Those committed against person or property. Signup and view all the answers

What is the role of the Department of Justice in relation to Article 5?

The court reports to the Chief Executive through the Department of Justice. Signup and view all the answers

What is the purpose of the court's report to the Chief Executive in relation to unnecessary penalties?

To submit a statement regarding the imposition of a clearly excessive penalty. Signup and view all the answers

Study Notes

Justifying Circumstances and Circumstances Which Exempt from Criminal Liability

Justifying circumstances do not incur criminal liability
Circumstances which exempt from criminal liability include those listed in Article 12

Circumstances Which Mitigate Criminal Liability

Mitigating circumstances are listed in Article 13
These circumstances reduce the criminal liability of the offender

Circumstances Which Aggravate Criminal Liability

Aggravating circumstances are listed in Article 14
These circumstances increase the criminal liability of the offender

Alternative Circumstances

Alternative circumstances are those that may be considered as aggravating or mitigating depending on the nature and effects of the crime and the circumstances surrounding its commission
Examples of alternative circumstances include:
- Relationship between the offender and the victim (e.g. spouse, ascendant, descendant, etc.)
- Intoxication of the offender (may be considered mitigating or aggravating depending on the circumstances)
- Degree of instruction and education of the offender

Persons Criminally Liable for Felonies

Persons who are criminally liable for grave and less grave felonies include:
- Those listed in Article 16
Persons who are criminally liable for light felonies include:
- Those listed in Article 16
Principals are those who directly commit the offense
Accomplices are those who cooperate in the execution of the offense
Accessories are those who take part in the offense after its commission

Penalties

No felony shall be punishable by any penalty not prescribed by law prior to its commission
Penal laws may have retroactive effect insofar as they favor the person guilty of a felony, unless they are habitual criminals
The court has the duty to report to the Chief Executive any acts that should be repressed but are not covered by law, and to submit recommendations for changes to the law

Criminal Liability

Criminal liability shall be incurred when:
- The act is committed with malice
- The act is committed with negligence or imprudence
- The act is committed with recklessness
The court shall render the proper decision and report to the Chief Executive when an act is committed that should be repressed but is not covered by law

Consummated, Frustrated, and Attempted Felonies

Consummated felonies are punishable when all the elements necessary for its execution and accomplishment are present
Frustrated felonies are punishable when the offender performs all the acts of execution but the felony is not consummated due to causes independent of the will of the perpetrator
Attempted felonies are punishable when the offender commences the commission of a felony but does not perform all the acts of execution due to some cause or accident other than their own spontaneous desistance
Light felonies are punishable only when they have been consummated, except for those committed against person or property

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