Podcast
Questions and Answers
Who are considered principals in the context of criminal liability?
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?
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?
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?
What is a requirement for a felony to be punishable?
Signup and view all the answers
Can a penal law have a retroactive effect?
Can a penal law have a retroactive effect?
Signup and view all the answers
Who cannot benefit from the retroactive effect of penal laws?
Who cannot benefit from the retroactive effect of penal laws?
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?
What is the relationship between the time of publication of a penal law and its effect on a final sentence?
Signup and view all the answers
What is the purpose of Article 21 of the Penal Code?
What is the purpose of Article 21 of the Penal Code?
Signup and view all the answers
What is the primary difference between justifying circumstances and circumstances that exempt from criminal liability?
What is the primary difference between justifying circumstances and circumstances that exempt from criminal liability?
Signup and view all the answers
What is the significance of Article 13 in the context of criminal liability?
What is the significance of Article 13 in the context of criminal liability?
Signup and view all the answers
What is the purpose of considering alternative circumstances in criminal law?
What is the purpose of considering alternative circumstances in criminal law?
Signup and view all the answers
Under what conditions is intoxication considered a mitigating circumstance?
Under what conditions is intoxication considered a mitigating circumstance?
Signup and view all the answers
What is the significance of the relationship between the offender and the offended party in alternative circumstances?
What is the significance of the relationship between the offender and the offended party in alternative circumstances?
Signup and view all the answers
How do habitual or intentional intoxication impact criminal liability?
How do habitual or intentional intoxication impact criminal liability?
Signup and view all the answers
What is the primary difference between aggravating and mitigating circumstances?
What is the primary difference between aggravating and mitigating circumstances?
Signup and view all the answers
What is the purpose of considering the degree of instruction and education of the offender in alternative circumstances?
What is the purpose of considering the degree of instruction and education of the offender in alternative circumstances?
Signup and view all the answers
What is the primary purpose of Article 5 in relation to acts that are not punishable by law?
What is the primary purpose of Article 5 in relation to acts that are not punishable by law?
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?
In what circumstances may a court submit a statement to the Chief Executive regarding the imposition of a penalty?
Signup and view all the answers
What are the three categories of felonies mentioned in Article 6?
What are the three categories of felonies mentioned in Article 6?
Signup and view all the answers
What distinguishes a consummated felony from a frustrated felony?
What distinguishes a consummated felony from a frustrated felony?
Signup and view all the answers
What is the defining characteristic of an attempted felony?
What is the defining characteristic of an attempted felony?
Signup and view all the answers
What is the exception to the rule that light felonies are punishable only when consummated?
What is the exception to the rule that light felonies are punishable only when consummated?
Signup and view all the answers
What is the role of the Department of Justice in relation to Article 5?
What is the role of the Department of Justice in relation to Article 5?
Signup and view all the answers
What is the purpose of the court's report to the Chief Executive in relation to unnecessary penalties?
What is the purpose of the court's report to the Chief Executive in relation to unnecessary penalties?
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
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
This quiz covers chapters 2-4 of criminal law, including justifying circumstances, exempting circumstances, and mitigating circumstances.