Legal Justifications and Abuse of Confidence

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Questions and Answers

Which factor is essential for the justification of fulfillment of duty?

The injury must be intentional.

The duty must be performed in secrecy.

The offender must have malicious intent.

The act must be a lawful exercise of a right. (correct)

What criteria must be met to argue avoidance of greater evil?

The evil sought to be avoided must exist. (correct)

No injury must be produced by the defender. (correct)

Other less harmful means must be available.

The feared injury must be less than the one avoided.

Which statement about the defense of obeying a superior order is true?

The order must be issued by anyone in authority.

The order must conform to ethical standards.

The order must have been issued by a superior. (correct)

The order must be written and documented.

In the context of justifying actions, what should not motivate a defender?

Revenge or resentment. Signup and view all the answers

When invoking avoidance of greater evil, what condition must the feared injury meet?

It must be greater than the injury avoided. Signup and view all the answers

Which of the following is not a requirement for the fulfillment of duty justification?

The duty cannot involve consent. Signup and view all the answers

What is a potential challenge to successfully invoking avoidance of greater evil?

Determining if no other methods were employed. Signup and view all the answers

What is necessary for a justifying circumstance in the context of obedience to superior orders?

The superior must be a legal authority. Signup and view all the answers

What is required of the offended party in cases of abuse of confidence?

To have trusted the offender Signup and view all the answers

In the context of ungratefulness, what action did the offender take?

Abused the trust of the offended party Signup and view all the answers

What aspect is crucial for establishing the abuse of confidence?

The existence of mutual trust Signup and view all the answers

What does the phrase 'obvious ungratefulness' imply in this context?

The offender's actions were perceived as ungrateful Signup and view all the answers

Which situation illustrates an abuse of confidence?

The offended party loaning money without any terms Signup and view all the answers

What might disqualify a claim of abuse of confidence?

The offender was not in a position of trust Signup and view all the answers

What does 'not giving provocation' mean for the offended party?

They should avoid initiating any conflict Signup and view all the answers

What is a key characteristic of the offender in cases of abuse of confidence?

They exploit the trust placed in them Signup and view all the answers

Is good faith considered a valid defense in criminal cases?

No, it is not a valid defense. Signup and view all the answers

What is necessary to establish criminal intent in a case?

Criminal intent is necessary to determine guilt. Signup and view all the answers

How does the degree of accomplishment affect penalties?

It is taken into account for determining the penalty. Signup and view all the answers

Are mitigating circumstances taken into account in determining penalties?

No, unless specifically provided for by special law. Signup and view all the answers

Does the degree of participation in a crime matter?

Yes, it affects the severity of the penalty. Signup and view all the answers

What is the implication if a crime is punishable only when consummated?

It must be fully completed for penalties to apply. Signup and view all the answers

Can criminal intent be inferred in the absence of direct evidence?

Yes, through circumstantial evidence. Signup and view all the answers

What role do aggravating circumstances play in criminal cases?

They can increase the severity of the penalty. Signup and view all the answers

What must be true for crimes to receive a lighter penalty than the new offense?

There must be two or more crimes involved. Signup and view all the answers

What is required of a person who offers a price or promise in relation to a crime?

They must induce another to perform the deed. Signup and view all the answers

Which of the following describes a principal in the context of crime?

A person who offers a price or promise related to the crime. Signup and view all the answers

In the context of crime, what does 'inundation' refer to?

A method of committing a crime involving flooding. Signup and view all the answers

Which of the following is NOT considered a means of committing a crime?

Reward Signup and view all the answers

For an offense to be categorized as a crime through 'means and ways', which could NOT be included?

Lies Signup and view all the answers

Which of the following must be true for the person who accepts a price or promise related to a crime?

They must be a principal or accomplice. Signup and view all the answers

Which element is essential for the act of inducing another to commit a deed?

The presence of incentives like money or rewards. Signup and view all the answers

What is the duration of a temporary disqualification for the right to suffrage?

12 years Signup and view all the answers

Which of the following is a type of correctional penalty outlined in the content?

Prision Correccional Signup and view all the answers

What must happen for a disqualified individual to regain the right to suffrage after being pardoned?

The disqualification must be explicitly remitted in the pardon. Signup and view all the answers

Which of the following penalties is NOT a suspension related to public office?

Suspension from having a firearm Signup and view all the answers

For how long can a person be imprisoned under the Prision Correccional penalty?

6 months and 1 day to 6 years Signup and view all the answers

What distinguishes absolute disqualification from temporary disqualification?

Temporary disqualification lasts for a fixed period. Signup and view all the answers

Which type of disqualification remains even if a person is pardoned?

Perpetual disqualification Signup and view all the answers

What is the minimum duration for imprisonment under the Prision Correccional penalty?

6 months Signup and view all the answers

Study Notes

Justifying Circumstances

Self-defense: The person defending themselves must not be the aggressor, their life or property must be in imminent danger, and the means used should be proportionate to the threat.
Avoidance of greater evil: This applies when a person commits a crime to prevent a greater evil, but the following must hold true: the greater evil must exist, the aggressor must not have caused the harm being avoided, and there must be no other practical and less harmful means to prevent the greater evil.
Fulfillment of duty or lawful exercise of right: The individual must have acted in the performance of a duty or in the exercise of a lawful right or office, and the harm caused must be a necessary consequence.
Obedience to superior order: The order must have been issued by a superior, the order must be lawful, and the offender must have acted in obedience to the order.

Abuse of Confidence

Requires two elements: trust by the offended party toward the offender, and the offender abusing that trust by committing a crime against the offended party.
The abuse of confidence must be a material factor in facilitating the crime.

Ungratefulness

Requires the offended party to have trusted the offender, the offender must have abused that trust, and the act must have been committed with obvious ungratefulness.

Good Faith

Good faith alone is not a valid defense against a crime.
Good intentions are not enough to justify unlawful actions.

Criminal Intent

Criminal intent is necessary for most crimes.
Some crimes, such as recklessness and negligence, do not require specific intent.

Degree of Accomplishment

The degree of accomplishment of the crime is taken into account when determining the penalty.
The act is generally only punishable when it is consummated.
The attempt of the crime itself can be illegal.

Mitigating and Aggravating Circumstances

Mitigating and aggravating circumstances affect the imposable penalty.
Aggravating circumstances increase the severity of the penalty.
Mitigating circumstances reduce the severity of the penalty.

Degree of Participation

The degree of participation of each offender in a crime with multiple participants is taken into account, including if there was a shared purpose in committing the crime.
Each offender may be held accountable for their own actions, but if they conspired, they may all face the same degree of punishment, even if their roles varied.

Price, Reward, or Promise

This mitigating circumstance requires two elements:
- The existence of at least two principals, one who offers the price or promise, and one who accepts.
- The price, reward, or promise must be intended to induce someone to commit the crime.

Inundation, Fire, Poison, Explosion, etc.

This circumstance applies when a crime is committed using one of these methods, such as inundation, fire, poison, or explosion.
The penalties can vary significantly depending on the specific methods and the degree of harm caused.

Correctional Penalties

Prision Correccional: 6 months and 1 day to 6 years, divisible penalty.
Suspension from public office
Suspension from the right to follow a profession or calling
Other specific penalties

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Description

This quiz explores various legal justifications, such as self-defense and avoidance of greater evil, along with the concept of abuse of confidence in legal contexts. Test your understanding of these crucial legal principles and the conditions that must be met for each circumstance. Enhance your knowledge of legal defenses and the ethical considerations involved.