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When a person who has decided to commit a felony proposes its execution to some other person or persons, there is:
When a person who has decided to commit a felony proposes its execution to some other person or persons, there is:
- Plan
- Conspiracy (correct)
- Inducement
- Proposal
A person who is not considered a principal but cooperates in the execution of the offense by previous or simultaneous acts is liable as:
A person who is not considered a principal but cooperates in the execution of the offense by previous or simultaneous acts is liable as:
- Accomplice (correct)
- Accessory
- Conspirator
- Principal by indispensable cooperation
A person who has knowledge about the commission of the crime and assisted in the escape of the principal is liable as:
A person who has knowledge about the commission of the crime and assisted in the escape of the principal is liable as:
- Principal by direct participation
- Accomplice
- Accessory (correct)
- Principal by indispensable cooperation
What is the duration of destierro?
What is the duration of destierro?
The accused was intoxicated when he committed the crime. Such circumstance is considered:
The accused was intoxicated when he committed the crime. Such circumstance is considered:
Which of the following is liable for the commission of a crime?
Which of the following is liable for the commission of a crime?
Which of the following penalties is considered a principal and at the same time accessory penalty?
Which of the following penalties is considered a principal and at the same time accessory penalty?
Less serious physical injuries has a penalty of arresto mayor. As such, it is considered as a:
Less serious physical injuries has a penalty of arresto mayor. As such, it is considered as a:
What aggravating circumstance is present when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make?
What aggravating circumstance is present when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make?
What aggravating circumstance is present when the offender has been previously punished by an offense to which the law attaches an equal or greater penalty?
What aggravating circumstance is present when the offender has been previously punished by an offense to which the law attaches an equal or greater penalty?
What is the stage of the commission of the crime when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance?
What is the stage of the commission of the crime when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance?
Which of the following is NOT an element of defense of a stranger?
Which of the following is NOT an element of defense of a stranger?
When the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator, the felony is:
When the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator, the felony is:
Which of the following is an exempting circumstance?
Which of the following is an exempting circumstance?
Which of the following is a justifying circumstance?
Which of the following is a justifying circumstance?
When two or more persons come to an agreement concerning the commission of a felony and decide to commit it, there is:
When two or more persons come to an agreement concerning the commission of a felony and decide to commit it, there is:
The accused shall undergo subsidiary imprisonment if he fails to pay the:
The accused shall undergo subsidiary imprisonment if he fails to pay the:
A modifying circumstance which increases the penalty to be imposed upon the accused:
A modifying circumstance which increases the penalty to be imposed upon the accused:
All of the following are aggravating circumstances in the commission of a crime EXCEPT:
All of the following are aggravating circumstances in the commission of a crime EXCEPT:
Felonies which the law attaches the capital punishment or penalties which in any of their periods are afflictive are considered:
Felonies which the law attaches the capital punishment or penalties which in any of their periods are afflictive are considered:
When the offender is already over 70 years at the time he committed the felony, his age is considered:
When the offender is already over 70 years at the time he committed the felony, his age is considered:
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Study Notes
Crime and Liability Concepts
- Felony proposal: When a person suggests executing a felony to others, it is termed conspiracy.
- Accessory liability: An individual not a principal but aids in executing an offense through prior or simultaneous actions is an accessory.
- Escape assistance: A person who knows about a crime and helps the principal escape is considered an accomplice.
Legal Duration and Circumstances
- Destierro Duration: Penalty lasts from 6 months and 1 day to 12 years.
- Intoxication: Committing a crime while intoxicated is regarded as a mitigating circumstance.
Age and Liability
- Legal Capability:
- Imbeciles and insane persons are not liable for crimes.
- Minors aged over 15 but under 18 can be liable if they acted with discernment.
Penalties and Classifications
- Principal and Accessory: Penalties like destierro can be considered both principal and accessory penalties.
- Physical Injuries: Less serious physical injuries punished by arresto mayor are classified as light felonies.
Aggravating Circumstances
- Execution Risks: Committing crimes with means that ensure execution without risking personal harm is termed treachery.
- Recidivism: Prior punishment for a similar offense leads to recidivism as an aggravating factor.
Stages of Crime Commission
- Attempted Crime: Initiating a felony directly but not completing it due to external causes is classified as attempted.
- Frustrated Crime: Performing all acts to commit a felony but failing due to causes outside the perpetrator's control is termed frustrated.
Defense and Justification
- Defense Elements: Unlawful aggression, reasonable necessity for defense, lack of provocation are essential for defense of a stranger.
- Justifying Circumstances: Actions done under irresistible force or in obedience to a lawful order can be justifying circumstances.
Multiple Participants and Agreements
- Conspiracy: Agreement among two or more individuals to commit a felony constitutes conspiracy.
Subsidiary Imprisonment and Modifying Circumstances
- Subsidiary imprisonment applies when an individual fails to pay a fine.
- Aggravating circumstances enhance penalties, while mitigating circumstances reduce them.
Unique Circumstances and Felony Classifications
- Not all listed factors (like using minors) are considered aggravating circumstances.
- Felonies yielding capital punishment or severe penalties are classified as grave felonies.
Special Considerations
- Individuals over 70 years at the time of offense are considered under mitigating circumstances regarding their actions.
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