Criminal Law: Physical Injuries and Rape

Physical Injuries

• Serious physical injuries require more than 30 days of hospitalization.
• Less serious physical injuries require 10-30 days of hospitalization.
• Slight physical injuries require less than 9 days of hospitalization.

Rape

• Rape is defined as sexual intercourse without consent.
• The statute of limitations for rape is 20 years.
• Marital rape is rape committed against a wife.
• Statutory rape is sexual intercourse with a child.
• RA 11648 increased the age of consent for sexual crimes to 16 years old.
• There are two exceptions to the law for perpetrators under the age of 16:
  • The age gap between the perpetrator and the victim is 3 years.
  • The victim consented to the sexual act and it was not exploitative.
• Rape through sexual assault occurs when sexual penetration occurs through another orifice of the body, such as the:
  • Oral orifice (mouth).
  • Genitalia.
  • Anal.

Property Crimes

• Robbery is the taking of someone's personal property using force, violence, or intimidation.
• Theft is the taking of someone's personal property without their consent.

Public and Private Law

• Public law governs the relationship between the government and the people.
• Private law governs relationships between private individuals and other individuals or private organizations.
• Criminal law is a type of public law.
• Civil law is a type of private law.

Criminal Law

• Felony is a crime punished by the Revised Penal Code.
• Offense is a violation of a special law.
• Infraction is a violation of an ordinance.

Civil Law

• Tort is a wrongful act that causes harm to another.
  • Intentional Torts:
  • Assault: Threatening another with violence.
  • Battery: Touching another without consent.
• Breach of Contract is a failure to perform a promise made within a contract.

Will

• A will is a legal document that expresses a person's wishes to be carried out following their death.
• A living will is not the same as a will.
• A will pertains to the last wishes of the testator (the person making the will) pertaining to estate.

Terms:

• Decedent: A person who dies leaving property.
• Testator: A decedent who has written a will.
• Heir: A person who inherits property.

Types of Succession

• Testate: A person who dies with a will
• Intestate: A person who dies without a will.
• Notarial will: A will that must be witnessed by three individuals and acknowledged by a lawyer (notary public)
• Holographic will: A will that must be entirely written, dated, and signed in the handwriting of the testator.

Who can make a will

• Anyone not expressly prohibited by law
• 18 years old and up
• with a sound mind

Witnesses for a will

• Must have a sound mind.
• Must be 18 years or older.
• Must not be blind, deaf or dumb.
• Must be able to read and write.

Three Laws of Nursing Practice

• Criminal law (Public Law)
• Civil Law (private Law)
• Administrative Law (private Law)

Criminal Action

• It is filed when someone is accused of a crime.
• Parties: Plaintiff (sues) and Accused (sued)
• Evidence requirement: Proof beyond reasonable doubt.

Civil Action

• It is filed when someone has been wronged or harmed.
• Torts
• Intentional Tort - actions that are carried out on purpose that cause harm. - Breached Contract - a person fails to keep their part of an agreement.

Nurse's Obligations

• To maintain and uphold the image of the nursing profession.
• They must be loyal to the profession, upholding the laws of the Philippine Nurses Association (PNA).
• They must be committed to continuing professional education (CPE).
• They must know and follow the appropriate legislation.

Registered Nurses and the Profession

• Ethical principles for nurses include
• LUCK
  • Loyalty
  • Upholding the Laws of the PNA
  • Commitment to CPE
  • Knowing the Appropriate Legislation

Code of Good Governance

• Violations of the Code of Good Governance are grounds for the suspension or revocation of a nurse's license to practice.

Code of Ethics for Registered Nurses in the Philippines:

• July 14, 2004 Date of Effectivity

Ethical Principals:

• Beneficence: (acting with the patient's best interests in mind).
• Nonmaleficence: (avoiding harming the patient).
• Totality: (treating the whole person).
• Stewardship: (Treating a patient based on the belief that the human body is a gift from God).
• Fidelity: (being truthful to patients).
• Veracity: (Being loyal to patients).

Ethical Principles:

• Respect for persons: All individuals should be treated with respect and dignity.
• Privacy: Individuals' information must be kept confidential.

Theories of Ethics

• Egoism - The goodness of an action depends on the self-interest of the person doing the action.
• Utilitarianism - The goodness of an action depends on how well it maximizes pleasure and minimizes suffering.
• Deontology - The goodness of the action depends on whether or not it follows legal rules.
• Relativism - The goodness of an action depends on time, place, and relative values.
• Situationalism - "Love theory"- the goodness of action depends on the situation and context.
• Natural Law Theory - The goodness of an action depends on natural laws created by a higher power like God.