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An attempt occurs when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution due to some cause or accident other than his own spontaneous ______.
An attempt occurs when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution due to some cause or accident other than his own spontaneous ______.
desistance
Light felonies are punishable only when they have been ______, with the exception of those committed against person or property.
Light felonies are punishable only when they have been ______, with the exception of those committed against person or property.
consummated
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to ______ it.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to ______ it.
commit
Grave felonies are those to which the law attaches the capital punishment or penalties that are ______, in accordance with Art. 25 of this Code.
Grave felonies are those to which the law attaches the capital punishment or penalties that are ______, in accordance with Art. 25 of this Code.
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Offenses which may be punishable under special laws are not subject to the provisions of this ______.
Offenses which may be punishable under special laws are not subject to the provisions of this ______.
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When a person under nine years of age commits an act defined as a felony, the court shall order his confinement in a hospital or ______.
When a person under nine years of age commits an act defined as a felony, the court shall order his confinement in a hospital or ______.
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A person over nine years of age and under fifteen can be proceeded against in accordance with the provisions of Art. ______ of this Code.
A person over nine years of age and under fifteen can be proceeded against in accordance with the provisions of Art. ______ of this Code.
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A mitigating circumstance includes the offender being under eighteen years of age or over ______ years.
A mitigating circumstance includes the offender being under eighteen years of age or over ______ years.
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When an act is committed under the impulse of an uncontrollable ______ of an equal or greater injury, it may mitigate criminal liability.
When an act is committed under the impulse of an uncontrollable ______ of an equal or greater injury, it may mitigate criminal liability.
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Sufficient provocation or threat on the part of the offended party immediately preceding the act is considered a ______ circumstance.
Sufficient provocation or threat on the part of the offended party immediately preceding the act is considered a ______ circumstance.
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Study Notes
Criminal Attempt and Felony Classification
- An attempt involves beginning a felony directly or through acts, but not completing all actions due to non-spontaneous reasons.
- Light felonies require consummation for punishment, except for those against persons or property.
- Conspiracy occurs when two or more individuals agree to commit a felony; proposals involve one person suggesting execution to another.
Classification of Felonies
- Grave felonies carry capital punishment or severe penalties, as per existing legal codes.
- Less grave felonies incur correctional penalties in their maximum period.
- Light felonies are punishable by minor penalties, such as arrest for less than 30 days or fines up to 200 pesos.
- Special laws apply to certain offenses and supersede the main code unless specified otherwise.
Justifying Circumstances
- No criminal liability for specific individuals:
- Imbeciles or insane persons who commit felonies are confined to hospitals.
- Children under nine years are not criminally responsible.
- Minors between nine and fifteen may be considered responsible if they act with discernment.
- Accidental injury caused by lawful acts with due care is not liable.
- Individuals acting under irresistible force or uncontrollable fear are exempt from liability.
- Lawful inability to perform a required act if prevented by insurmountable causes leads to no liability.
Mitigating Circumstances
- Criminal liability may be lessened under certain conditions:
- Requisites for justifying exemptions are not fully met.
- Offenders under eighteen or over seventy years of age are treated with mitigating considerations.
- Lack of intention for grave misconduct reduces liability.
- Provocation or threats from the offended party preceding the crime can mitigate actions.
- Crimes committed with the assistance of minors or using vehicles may also affect liability.
Alternative Circumstances
- Alternative circumstances can influence the gravity of penalties:
- These are factors considered either mitigating or aggravating based on the crime's nature and circumstances, such as the offender's relationship to the victim, intoxication level, and education.
- Relationship factors apply when the victim is a close relative of the offender.
- Intoxication is mitigating if not habitual or premeditated; considered aggravating if it is habitual or intentional.
Criminal Liability for Felonies
- Criminal liability is categorized based on felony severity:
- Grave and less grave felonies involve principals, accomplices, and accessories.
- Light felonies recognize liability for principals and accomplices only.
- Principals are defined by direct participation, coercion of others, or cooperation without which the crime would not succeed.
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Description
Test your understanding of criminal law principles such as attempts at felonies and the classification of felonies. This quiz covers essential articles related to the legislation of light felonies and conspiracy. Brush up on key legal concepts and their implications in the criminal justice system.
