Criminal Liability & Punishment

Criminal Liability and Legal Basis for Punishment

• The principle behind criminal liability centers on the idea of human free will, and aims for retribution through penalties.
• The legal backing for inflicting punishment is the police power of the state.

Limitations on Congress' Power to Enact Penal Laws

• Congress's ability to create penal laws is restricted by prohibitions against ex post facto laws and bills of attainder.
• These laws are required to have general application and precisely define the acts and omissions that constitute crimes to meet the equal protection and due process clauses.

Exemption from Criminal Liability

• A person is not criminally liable if an act that creates a crime or offense is committed under irresistible force or uncontrollable fear.
• This situation is addressed by the legal principle actus me invito factus non est meus actus, meaning an act done by me against my will is not my act.

Definition of a Crime

• Crime: An act is defined as a crime when it violates a public law that either forbids or commands it.

Formal Felony

• Physical injuries is a formal felony.

Malum Prohibitum under Special Penal Laws

• Under acts (R.A. 3019) of Graft and Corrupt Practices, it is considered malum prohibitum.

Extraterritoriality

• The concept of extraterritoriality applies to laws that have effects beyond a state's territorial boundary.

Jurisdiction in Cases of Crimes on International Vessels

• A Philippine court can try a murder case committed on an airship bound for the U.S. over the Pacific Ocean.

Crimes Committed Through Culpa

• Treason, robbery, and malicious mischief cannot be committed though culpa.

Contention on Intention

• If a father claimed that the death of his child was not intended, the contention is considered false.

Error in Personae

• Error in personae is mistaking the victim, while the intended victim in not at the scene.

Praeter Intentionem

• Praeter Intentionem is when the resulting felony is unforeseen from the offender's actions.

Impossible Crime

• Impossible Crime is know as the crime of last resort

Objective Phase of a Crime

• A crime has reached the objective phase when the offender has performed the final act and no longer controls its natural course.

Liability for Injuries

• One is liable for frustrated homicide when the injuries suffered could have been fatal without timely medical intervention.

Jade's Liability

• Jade is liable for physical injuries. His plan to kill his wife, Betty by mixing soup with the poison arsenic was unsuccessful. After the poisonous food was ingested, Jade suddenly had a change of heart and washed out the stomach of Betty, as well as gave Betty an antidote.

Essence of Certain Crimes

• Adultery: Sexual congress is the essence.

Transitory Crime

• Transitory Crime is also known as a moving crime

Composite Crime

• A composite crime has multiple elements but is seen as one indivisible offense in the eyes of the law.

Special Complex Crime

• Rape through forcible abduction is an example of a special complex crime.

Absolutory Cause

• An absolutory cause is an exempting circumstance due to lack of voluntariness.

Burden of Proving Justifying Circumstances

• The accused bears the burden of proving the existence of justifying circumstances.

Burden of Proof in Self-Defense

• When pleading self-defense, the state must prove guilt beyond reasonable doubt.

Self-Defense and Toy Guns

• Yes, there still is self-defense involved event if the aggressor used a toy gun.

Kokey and Self-Defense

• Yes, Kokey can invoke self-defense even though his revolver hit the victim accidentally due to struggling.

Weapons Used in Self-Defense

• The law requires "Rational Equivalence" on the weapons used by the one defending themself.

Stand Ground Doctrine

• Stand ground when in the right doctrine allows a person to defend themselves with necessary force without retreating.

Classification as a Battered Woman

• A couple must go through the battering cycle at least twice to classify a woman as a battered woman.

Phases of Violence in BWS

• In Battered Woman Syndrome (BWS), the defense should prove how many phases of cycle of violence characterizing the relationship of the parties.

Proving Battered Woman Syndrome

• A psychiatrist/psychologist can prove the existence of a Battered Woman Syndrome.

Exemption from Criminal Liability: Insanity/Imbecility

• Lack of intelligence is the basis for exemption from criminal liability in insanity/imbecility.

Exemption from Criminal Liability: Lawful Prevention

• Lack of criminal intent is the basis for exemption when lawful cause prevents the accused action.

Compulsion of Irresistible Force

• In compulsion of irresistible force, compulsion is done by means of physical force.

Clarkson's Liability

• Clarkson is not liable due to him being compelled to bury the bodies.

Mitigating Circumstances

• Mitigating circumstances usually must present prior or simultaneously with the commission of the offense except in voluntary surrender.

Concealing Dishonor in Abortion

• In abortion for concealing dishonor by a pregnant woman, the imposable penalty is lowered by 2 degrees.

Effect of Age Over 70

• When the offender is over 70 years of age, the age is a mitigating circumstance.

Senility and Senile Dementia

• Senility and Senile Dementia are mitigating circumstances.

Surrender after Seeking Advice

• The surrender is mitigating if the accused sought advice and then voluntarily surrendered.

Plea of Guilty

• A plea of guilty to a lesser offense is also known as a qualified plea.

Muteness Due to Being Death

• Kokey is entitled to a mitigating circumstance due to being deaf and mute.

Generic Aggravating Circumstances

• Generic aggravating circumstances generally apply to almost all crimes.

Inherent Aggravating Circumstances

• Inherent aggravating circumstances must of necessity accompany commission of the crime.

Quasi-Recidivism

• Quasi-recidivism is a special aggravating circumstance.

Recidivist

• One who has been previously convicted by final judgment of another crime embraced in the same title of the RPC.

Distinguishing Recidivism

• A murder committed in 2004, after a serious physical injury crime in 1975, constitutes as recidivism.

Treachery

• Treachery occurs when someone is deliberately stabbed in the back, weakening the defense.

Ignominy

• Ignominy is applicable in Crimes against chastity.

Dangerous Drugs

• A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance.

Minor Offenders

• A first time minor offender under RA 9165 may be granted both a and b in lieu of imprisonment.

Passive Subject of a Crime

• The injured party is the passive subject in the commission of a crime.

Collective Criminal Responsibility

• Where there is conspiracy, the act of one is the act of all which refers to collective criminal responsibility.

Accomplice

• An accomplice is known as an accessory before and simultaneous the fact.

Kokey's involvement

• Kokey is liable because Jeremiah compelled him to transport the kidnapped victim.

Accessory Liability

• The accessory comes into the picture when the crime is already consummated.

Kokey's Role in Cellphone Theft

• Kokey took the cellphone which was snatched by Simon, therefore Kokey is an accessory.

Generic Aggravating Circumstances

• Recidivism and Reiteracion are generic aggravating circumstances.

Habitual Delinquency

• Habitual delinquency is used as extraordinary aggravating circumstance on the 4th conviction.

Fine Amount and Felony Classification

• Under Art. 9 (3), if the fine by the law for a felony is exactly PhP40,000, it is a light felony.

Destierro

• Destierro can be imposed as a penalty for the concubine in concubinage.

Credit for Preventive Imprisonment

• Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from 30 years.

Maximum Penalty

• If the maximum penalty to which the accused may be sentenced is destierro, he shall be release after 30 days of preventive imprisonment.

Actual Commitment and Detention

• A child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in the actual commitment and detention.

Imposable Penalty

• Graduated penalty is the imposable penalty after taking into consideration certain graduating factors.

Reduced Fines

• Fines shall be increased or reduced for each degree by 1/4 of the maximum amount.

Age Disrespect

• No, the aggravation of age disrespect is not considered if the accused is 75 years.

Crime Control Model

• The crime control, a criminal justice model, is based on the idea that the most important function of the CJS is the protection of the public and the repression of criminal conduct.

Individual Rights

• According to Crime control, another criminal justice model, the rights of an individual must be co-equal with the concern for public safety.

Community Obligations

• Justice concerns to the obligations of the community to individuals, and requires fair disbursement of common advantages and sharing of common burden.

Function of Law Enforcement

• Reduction of crime: the enforcement is being done through elimination of factors influencing the occurrence of crime.

Principal Character

• The offender is the principal character of the criminal justice process links all components of the CJS.

Prosecutor

• The prosecutor is responsible in evaluating the evidence the police have gathered and deciding whether it is sufficient to warrant the filing of charge(s) against the alleged violator.

Judge

• The judge is an arbiter in court who ensues that the defense and the prosecution adhere to the legal requirements of introducing evidences.

Person in Authority

• Any person directly vested with jurisdiction is a person in authority.

Pillar of CJS

• Prosecution occupies a unique position and serves as the lawyer for the government in Philippine Criminal Justice System.

Barangay Court

• Certificate to file action: required by the Prosecutor's Office before it can entertain a complaint on a case covered by the Barangay Court.

Criminal Justice

• Study of the various agency in charge for processing law violators to ensure the protection of the society and maintenance of peace and order.

Suspect

• The person who is being implicated to the commission of a crime and subject of an investigation.

Protect Life and Property

• Criminal Justice System is the machinery of the state which enforces the rules of conduct necessary to protect life and property and to maintain peace and order.

Degree of Proof Required

• Proof beyond reasonable doubt: Degree of proof required in criminal case.

Plea Bargaining

• Plea Bargaining: negotiation between the defense counsel and the prosecutor, aimed at obtaining agreement whereby the prosecutor allows the defendant to enter a plea.

Rights Mandated

• R.A. 7438 expounded on rights mandated by the constitution to those under custodial investigation.

Court

• A body officially assembled under authority of law where the administration of justice is delegated.

Civil Authority

• Police is a body of civil authority tasked to maintain peace and order and enforce the law.

Care System

• Corrections involves taking care of the custody, rehabilitation and treatment of persons convicted of committing crime.

Anti-Graft

• R.A. 3019 is the "Anti-Graft and Corrupt Practices Act”.

Jurisdiction

• The MTC has exclusive, original subject-matter jurisdiction when the penalty/fine is not too high.

Department of the Interior

• R.A. 6975 is known as the Department of the Interior and Local Government Act.

Society

• Civil Society sector of society composed of NGO's, where it promotes welfare against forms of exploitation

Spreading Criminality

• Crime control the process of reducing, where police lessen work so as to suppress spread of criminality.

Justice Department Functions

• National Prosecution Service: Maintaining and recognizing law.

Courts

• A court covering two or more municipalities is a MCTC.

Judgement

• Police discretion refers to the wise use of one's own judgment in a given situation.

Violators

• Criminal investigation refers to the art or science of identifying law violators, locating and tracing them.

Drug Law Enforcement

• PDEA is tasked to implement and undertake drug law enforcement.

Without Custody

• Delivering prisoner form jail: employee of the penal establishment who does not have the custody of the prisoner.

Cooperating in Jail Escape

• Someone in evasion of service of sentence if the detention prisoner knows of the plot to remove him from jail and cooperates.

Evasion of Service

• Manny committed someone in B. Yes, evasion of service of sentence".

Criminal Case

• Quezon City or Baguio City is where should Manny be prosecuted

In quasi-recidivism

• Felony" is is second crime that must.

Crime Committed

• The Crime committed if "solemnity" if the oath is violated is perjury.

Only private

• No. Only private individuals.

Prostitution apply to a man

• No. The term if prostitution applies to a man.

Persons below 18

• UNCRC, such prosecution being inconsistent with the UNCRC.

United Nations

• A. 1989 year to United Nations

Global framework

• A. 196 countries framework children's in signed

Malfeasance

• Dereliction od duty in The

Unjustjudgment

• All of the above unjustjudgmenr

RTC Judges

• Both a and c only,May commit is RTC Judge and MeTC Judges.

What crime

• Heinous is crime in those is "perpetua,.

Relative.

• Mom, is always relative to someone.

Direct

• Direct in line.

Elias case

• Is no. always no present.

Victim is under

• Parracide always parracide.

What is liable for by killed another wanted to

• Pomicide it will be always.

Propor

• Lasser, proper penalty always it.

3 Days Old

• Homicide 3 days old kill.

Committed by Wife

• Wife would always be parracide.

Is Principal

• Principal by Always inducement."

What Is Murder?

• C. parricide"is always the answer.

Direct Participation

• Always Direct Participation.

Basis of That Crime?

• The crime" basis is always child victim age.

Discovery Resulted

• 2 Exceptional no its answer.

What Death Is Not Applicable

• Still under parental authority, death would not be applied.

Person Injured

• Serious by simple is circumstances.

Necessary

• The number or circumstances it is One.

By threatening

• The always murder or premeditation.

How Did This Affect the crime

• One of is legs it is always physical because no always intent kill.

No Hit for Damage

• It will attempted damage.

Errornously Used

• The answer to Errornously used will C

The use of fireArms

• The person always get Qulities "is."

Separated Time

• Yes it is separate from the crime

Against Persons

• Sole witness with the answer.

What it Euthanaisia

• B is always the answer.

Alarms and Scandal

• The gun not pointed at is B.

In Discharge Towards Victim

• A alarms always scandal

###Complex Crime

• D, both small injuries answer.

GrandParent

• C Infanticide" . Always the grandParent is.

Pentaly Question For Pentaly

• Answer is c

Killing of a Child

• Infanticide is always is.

Related to Pentaly

• Penalry for Panticide" is always in the answer.

Intent

• If could is alive then always" sustantate "an.

###Less 3 Days

• abandon minor to answer is B

Abortion Is Crime

• Fetu's is answer to always and that Crime.

Mother Sufffers Die

• Murder with abortion , is will be sufffering

###Abortion Suffers

• Physical injury abortion

Adequate Means

• Commanded abortion is"Comands"

Violence to Kill

• C-Is always abrotion

Criminal Liability

• The answer always no crime""

Its An Abortion To Save Someone

• C

Pharmacist

• The answer A. To Pharmacist

Deformity

• C is" injuries

Committed woman

• The always Statuory

To Demand

• Foricble cohersion is always answer

Just To Restrain

• Kidnappering is answer always.

Headquarters Located in

• B

Study Knkowlege

• Criminology

Due

• Justice

Promulgates Procedure

• D always SC

Always Primi mover

• The Primovder is A

Repmporization

• AA

Legal Apperhension

• B arrest always the legal.

###Created nvi

• ca always b

What A Head

• D alwys prosecutor is the person.

Alwys Prosecutor

• BA

###Required what penalty

• always a

Power always

• Juiridctions

Hear case already

• Is Jurist

Descided Lower

• Is a.

Disputes May Come"

• General is alwasys

1980

• Always a answer

Preshiding

• Is A

Has Exclusive Jurisdiciton

• 6 always

Athororty in Case Money

• Is C

Judge in Cases

• Always IS 14

Sandigan bay

• Cpd 16 "allways"

Shaia always

• B pd 10

What it stages

• always 4 parts total.

Where Accused

• Is A "always"is".

Writte

• C

How Many Jail

• Only Jail is it always C.

Sentenced Years

• Municipal