Criminal Law Exceptions and Liabilities

Exceptions to New Laws

• New laws generally apply to all cases, however, there are two exceptions:
  • When the new law explicitly excludes pending cases or existing legal actions
  • When the offender is a habitual criminal

Elements of Felonies

• To be classified as a felony, an act or omission must meet specific criteria
  • The act or omission must be external, meaning it involves physical actions
  • The act or omission must be punishable by the Revised Penal Code
  • The act must be carried out intentionally (dolo) or negligently (culpa)

Criminal Liability

• Criminal liability may apply even if the outcome of an act differs from the intention
• Performing an act that would constitute an offense against persons or property, even if it is impossible to complete, or using insufficient/ineffective means, still results in criminal liability.

Aberratio Ictus

• Aberratio Ictus (mistake in the blow) occurs when a person aims at one target but hits another due to imprecision

Error in Personae

• This refers to mistakes in identifying the victim

Consummated, Frustrated, and Attempted Felonies

• All three stages of felonies - consummated, frustrated, and attempted - are punishable
  • A felony is consummated when all necessary elements for execution and completion are present.
  • A felony is frustrated when the offender performs all the acts of execution that would lead to the crime but fails due to factors beyond their control.
  • An attempted felony occurs when the offender commences the crime with direct or overt acts but does not complete all acts of execution due to a cause or accident, not their own spontaneous desistance.

Conspiracy and Proposal to Commit Felony

• Both conspiracy and proposing to commit a felony are punishable only when specifically outlined in the law.
  • Conspiracy exists when two or more individuals agree to commit a felony.
  • Proposal occurs when a person who has decided to commit a felony suggests its execution to another person or persons.

Grave Felonies, Less Grave Felonies, and Light Felonies

• Grave felonies are those punishable by the death penalty or penalties that are afflictive in duration.

Euthanasia and Assisted Suicide Legality

• Only a few places legally authorize assisted suicide:
  • The Netherlands legalized assisted suicide and active euthanasia in 2002 but allowed them judicially since 1984. Doctors require adherence to strict criteria, including patient request, clear understanding of condition, and agreement from a second physician.
  • Belgium legalized euthanasia in 2002, which seems to encompass assisted suicide. Two doctors must be involved along with a psychologist if the patient's competence is uncertain.
  • Switzerland has allowed physician and non-physician assisted suicide since 1941 but prohibits euthanasia.
  • Some countries show signs of movement towards legalizing assisted suicide and euthanasia:
    • Luxembourg
    • England

Infanticide

• The same penalties for parricide and murder are applied to anyone who kills a child under three days old.

Mutilation of Essential Organ for Reproduction

• Penalties are imposed for intentionally mutilating another by depriving them, wholly or partly, of essential reproductive organs.
  • This involves castration, the mutilation of organs necessary for procreation.

Serious Physical Injuries

• Several degrees of seriousness in physical injuries:
  • Prision mayor if the victim becomes insane, imbecile, impotent, or blind
  • Prision correccional (medium-maximum periods) if the victim loses the ability to speak, hear, smell, or loses an eye, hand, foot, arm, leg, or the use of any limb, or becomes unable to perform their habitual work.
• Prision correccional (minimum-medium periods) if the victim becomes deformed, loses other body parts or the use of those parts, or is incapacitated for more than 90 days.
  • Arresto mayor (maximum period) to prision correccional (minimum period) if the victim is incapacitated for more than 30 days.

Slight Physical Injuries

• Different penalties for various degrees of slight physical injury:
  • Arresto menor (1-30 days) when the victim is incapacitated for 1-9 days or requires medical attention during the same period.
  • Arresto menor or a fine (not exceeding 200 pesos) and censure when the injury doesn't prevent the victim from working nor necessitates medical attention.
  • Arresto menor in its minimum period or a fine (not exceeding 50 pesos) when the victim is ill-treated without physical injury.

The Anti-Rape Law of 1997

• Rape is defined and categorized by different circumstances:
  • Carnal knowledge through force, threat, or intimidation
  • Carnal knowledge of an individual deprived of reason or unconscious
  • Carnal knowledge through fraudulent machination or grave abuse of authority
  • Carnal knowledge of a victim under 12 years of age or demented, regardless of other circumstances
  • Sexual assault by inserting a penis, instrument, or object into another person's mouth, anal orifice, or genitals
• Different penalties for different forms of rape:
  • Reclusion perpetua for regular rape
  • Reclusion perpetua to death if the crime is committed with a deadly weapon or by two or more persons
  • Reclusion perpetua to death if the victim becomes insane due to the rape
  • Reclusion perpetua to death if the rape is attempted and homicide is committed due to or during the event
  • Reclusion perpetua to death if homicide is committed due to or during the rape
  • Death penalty for rape committed with aggravating/qualifying circumstances:
    • The taking away was with her consent
    • The taking away was with lewd designs

Crimes Against the Civil Status of Persons

• The following crimes against civil status have specific penalties:
  • Simulation of births, substitution of one child for another, and concealment or abandonment of a legitimate child: Prision mayor and a fine
  • Physicians, surgeons, or public officials who cooperate in these crimes receive the same penalties plus temporary disqualification.
  • Usurpation of civil status: Prision mayor if committed for defrauding the victim or their heirs, otherwise, prision correccional (medium-maximum periods).

Crimes Against Honor

• Libel: A public and malicious imputation of a crime, vice, defect, or other condition that potentially causes dishonor, discredit, or contempt of a person or entity.
• Elements of Libel:
  • Imputation of a crime, vice, defect, or other condition
  • Imputation made publicly
  • Malice
  • Imputation directed at a person, entity, or deceased individual
  • Imputation tending to cause dishonor, discredit, or contempt

Requirement for Publicity

• Every defamatory imputation is presumed malicious (even if true) unless a good intention and justifiable motive can be proven.
• There are two exceptions:
  • Private communication made by someone fulfilling a legal, moral, or social duty
  • When the communication is made in the performance of one's duty to any person, in good faith and without any bad intention.