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Questions and Answers
What is the penalty for someone who intentionally mutilates another person by depriving them of an essential organ for reproduction?
What constitutes serious physical injuries according to the given content?
Which of the following is NOT considered a type of mutilation as described in the content?
Under what condition does a person receive the penalty of prision mayor for serious physical injuries?
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What penalty applies if physical injuries result in a loss of speech or hearing?
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Which action qualifies as intentional mutilation as defined in the content?
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Which of the following is a consequence resulting from the crime of serious physical injuries?
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What is considered intentional mutilation of the essential organ for reproduction?
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What characterizes a consummated felony?
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What is aberratio ictus?
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Which of the following illustrates a frustrated felony?
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Which statement correctly defines criminal liability?
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What defines conspiracy in the context of felonies?
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What distinguishes grave felonies from less grave felonies?
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Under what condition is a proposal to commit a felony punishable?
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What is error in personae?
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What is a primary concern of opponents to assisted suicide?
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In which country did legislation for assisted suicide and active euthanasia first become openly legal?
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What must occur before a doctor assists a patient in euthanasia in Belgium?
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What does Switzerland prohibit in relation to euthanasia?
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Which of the following countries has seen a legislative proposal for assisted suicide that was lost by a single vote?
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What is a requirement for assisted death in the Netherlands?
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Who ultimately decides the timing of death according to religious opponents of assisted suicide?
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What role do right-to-die organizations play in Switzerland?
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What penalty is imposed for slight physical injuries that incapacitate the offended party for labor for one to nine days?
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Under which circumstance can rape be committed according to the provided information?
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What is the penalty for rape committed with a deadly weapon?
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What type of injury may result in a penalty of arresto menor in its minimum period or a fine not exceeding 50 pesos?
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Which of the following correctly describes rape under the provided information?
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What is the consequence if homicide is committed during an attempted rape?
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If a victim of rape becomes insane as a result of the crime, what is the imposed penalty?
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For slight physical injuries that do not require medical attendance, what is the potential penalty?
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What is the penalty for simulating births or substituting one child for another?
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What element is NOT required for an act to be considered libel?
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Under which condition is a defamatory imputation presumed to be malicious?
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What is the consequence for a physician who cooperates in the crime of concealing a child?
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What must happen for usurpation of civil status to be punishable by prision mayor?
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Which of the following is NOT necessary for an imputation to qualify as libel?
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What is the penalty for a person guilty of usurping the civil status of another without intent to defraud?
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What must be proven for an imputation to not be considered malicious despite being defamatory?
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Study Notes
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.
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Description
Explore the nuances of criminal law with this quiz examining exceptions to new laws, elements of felonies, and concepts of criminal liability. Test your understanding of legal principles such as Aberratio Ictus, and how intent plays a crucial role in the classification of criminal acts.
