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Questions and Answers
Under what circumstance(s) will multiple subjects involved in a crime be exempt from criminal liability?
Under what circumstance(s) will multiple subjects involved in a crime be exempt from criminal liability?
- Both A and B (correct)
- When they can prove coercion from another subject involved
- When they attempt to avoid greater damage after the crime has been initiated
- When they desist from the execution once initiated, preventing the consummation of the crime
Which proposition concerning criminal infractions is correct?
Which proposition concerning criminal infractions is correct?
- Acting under insurmountable fear is a circumstance that aggravates criminal responsibility.
- A culprit's grave addiction to toxic drugs is an exempting circumstance from criminal responsibility.
- Acting due to causes or stimuli strong enough to produce sudden rage or similar emotional state is an exempting circumstance.
- Confessing the infraction to authorities before knowing judicial proceedings are directed against them is an exempting circumstance from criminal responsibility. (correct)
What activity can be considered as an extenuating circumstance for the criminal liability of legal entities?
What activity can be considered as an extenuating circumstance for the criminal liability of legal entities?
- Having proceeded after the oral hearing to repair or diminish the damage caused by the crime.
- Establishing measures to prevent crimes before the beginning of the oral trial. (correct)
- Confessing to the infraction to the authorities after knowing that judicial proceedings are directed against it.
- Collaborating in the investigation of the event providing evidence at any moment of the process.
During the execution of a sentence, for what maximum period can a Judge or Court suspend the execution of a security measure, based on the results obtained from its application?
During the execution of a sentence, for what maximum period can a Judge or Court suspend the execution of a security measure, based on the results obtained from its application?
Which security measure cannot be imposed for a duration exceeding five years?
Which security measure cannot be imposed for a duration exceeding five years?
Which crime is committed by an authority who, knowingly and illegally, gives possession for the exercise of a specific public office to someone who does not meet the legally established requirements?
Which crime is committed by an authority who, knowingly and illegally, gives possession for the exercise of a specific public office to someone who does not meet the legally established requirements?
What type of crime is committed by an authority or public official who expropriates a person's assets outside of legally permitted cases without fulfilling the legal requirements?
What type of crime is committed by an authority or public official who expropriates a person's assets outside of legally permitted cases without fulfilling the legal requirements?
Which of the following statements regarding crimes is incorrect?
Which of the following statements regarding crimes is incorrect?
In crimes committed using mechanical means or media of dissemination, what is the correct order in which those responsible are held accountable, in an escalating, exclusive, and subsidiary manner?
In crimes committed using mechanical means or media of dissemination, what is the correct order in which those responsible are held accountable, in an escalating, exclusive, and subsidiary manner?
According to the Penal Code, what type of measure is the deprivation of the right to drive motor vehicles and mopeds?
According to the Penal Code, what type of measure is the deprivation of the right to drive motor vehicles and mopeds?
If, during the execution of the sentence, the sentencing judge adopts a supervised release measure to be executed after the completion of a custodial sentence, with what frequency is the Penitentiary Supervision Judge required to submit a proposal for maintenance, cessation, substitution or suspension of the same?
If, during the execution of the sentence, the sentencing judge adopts a supervised release measure to be executed after the completion of a custodial sentence, with what frequency is the Penitentiary Supervision Judge required to submit a proposal for maintenance, cessation, substitution or suspension of the same?
If a judge orders the expulsion of a foreign national not legally residing in Spain as a substitute for the security measures applicable to them, after hearing from the foreign national, what term must pass from the date of expulsion for them to be able to return to Spain?
If a judge orders the expulsion of a foreign national not legally residing in Spain as a substitute for the security measures applicable to them, after hearing from the foreign national, what term must pass from the date of expulsion for them to be able to return to Spain?
Which of the following has/have the consideration of illicit meetings or demonstrations?
Which of the following has/have the consideration of illicit meetings or demonstrations?
In relation to supervised release, what measure must the convicted person comply with to be understood as being under judicial control?
In relation to supervised release, what measure must the convicted person comply with to be understood as being under judicial control?
What crime is committed by a private individual who influences a public official or authority, taking advantage of any situation derived from their personal relationship with them or with another public official or authority, to obtain a resolution that may generate, directly or indirectly, an economic profit for themselves or for a third party?
What crime is committed by a private individual who influences a public official or authority, taking advantage of any situation derived from their personal relationship with them or with another public official or authority, to obtain a resolution that may generate, directly or indirectly, an economic profit for themselves or for a third party?
What crime does a public official commit when he or she sexually solicits a person who has claims pending resolution before them?
What crime does a public official commit when he or she sexually solicits a person who has claims pending resolution before them?
If the penalty, due to its extension, can be included both among the types characterised as minor and as less serious, the offense will be considered as?
If the penalty, due to its extension, can be included both among the types characterised as minor and as less serious, the offense will be considered as?
Outside of the cases that the Constitution and other laws assign to specific judges and Courts, which court is in charge of the knowledge and judgement of crime causes with penalties lower than five years in a region where the crime commited?
Outside of the cases that the Constitution and other laws assign to specific judges and Courts, which court is in charge of the knowledge and judgement of crime causes with penalties lower than five years in a region where the crime commited?
In relation to supervised release, what measure must be fullfilled by the convicted person to be understood as being under judicial control?
In relation to supervised release, what measure must be fullfilled by the convicted person to be understood as being under judicial control?
Ley Orgánica del Código Penal. When the penalty, given its extension, may be included among types, which caracterization does it take?
Ley Orgánica del Código Penal. When the penalty, given its extension, may be included among types, which caracterization does it take?
Flashcards
Exemption from Penal Responsibility
Exemption from Penal Responsibility
They desist, prevent consummation.
Obrar Impulsado Por Miedo Insuperable
Obrar Impulsado Por Miedo Insuperable
It's a circumstance that attenuates criminal responsibility.
Circumstances that attenuate criminal responsibility
Circumstances that attenuate criminal responsibility
Effective measures to prevent future crimes.
Suspension of Safety Measure Execution
Suspension of Safety Measure Execution
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Safety measures with a 5-year limit
Safety measures with a 5-year limit
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Illegally giving possession of public office
Illegally giving possession of public office
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Expropriation outside legal cases
Expropriation outside legal cases
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Incorrect regarding criminal offense
Incorrect regarding criminal offense
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Order of responsibility
Order of responsibility
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Measure of security is
Measure of security is
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Judge sentenciador mandatory period:
Judge sentenciador mandatory period:
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How long to return?
How long to return?
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The illicit meetings or demonstrations
The illicit meetings or demonstrations
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Crime of traffic of influence
Crime of traffic of influence
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What crime will incur?
What crime will incur?
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The knowledge and failure
The knowledge and failure
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If the penalty its length
If the penalty its length
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Regarding surveillance release
Regarding surveillance release
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Study Notes
Ley Orgánica del Código Penal
- When several subjects are involved in a crime, those who desist from the execution already initiated, impede or attempt to impede, seriously, firmly and decisively, the consummation, without prejudice to the responsibility.
- Once the execution of the act has begun by several subjects, no one can in any case be exempt from criminal responsibility.
- Indicate the correct statement about criminal offenses: Having confessed the infraction to the authorities, before knowing that the judicial procedure is directed against him/her, is an exempting circumstance.
- Only the following activities may be considered as mitigating circumstances of the criminal responsibility of legal persons, after the commission of the crime and through their legal representatives: Having established, before the beginning of the oral trial, effective measures to prevent and discover the crimes that could be committed in the future with the means or under the coverage of the legal person.
- The judge or court may decide to suspend the execution of the security measure during the execution of the sentence for a period no longer than the maximum indicated in the sentence that imposed it, taking into account the result already obtained with its application.
- The following security measures cannot be imposed for a period longer than five years: Custody family.
- A public authority who, in the exercise of his competence and with knowledge of its illegality, gives possession for the exercise of a certain public office to any person without the legally established requirements is committing the crime: Prevarication of public officials.
- An authority or civil servant who expropriates a person of their property outside the permitted cases and without complying with the legal requirements is committing: A crime against other individual rights
- If the provocation was followed by the perpetration of the crime, it will be punished as a proposition (incorrect statement).
- With the order, from highest to lowest, in terms of who is responsible: those who actually wrote the text, then the directors of the company, then the publications themselves.
- Privation of the right to drive motor vehicles and mopeds.
- If during the execution of the sentence, the judge adopts a measure of supervised release that must be executed after compliance with a custodial sentence, the Judge of Penitentiary Supervision will be obliged to raise a proposal of maintenance, cessation, substitution or suspension of it: At least semiannually.
- If a judge by judgment agreed expulsion from the national territory of a foreigner not legally resident in Spain as a substitute for security measures that may be applicable, after hearing of the the person to be expelled. The time that has to pass from the date of their expulsion must elapse from the date of his expulsion, in order to return to Spain is: 5 years.
- Those attended by people with blunt objects or otherwise dangerous.
Ley de Enjuiciamiento Criminal
- Outside of the cases that expressly and limitedly attribute to Judges and Courts determined. Within the district where the crime was committed, who does the knowledge and failure of the causes correspond to for crimes to which the Law indicates a deprivation penalty of freedom of duration not exceeding five years: To the Criminal Court Judge.
Tipificación de las penas.
- When the penalty, by its extension, can be included at the same time between those typified as mild and as less severe, the crime will be considered, in any case, as: Less severe.
Control judicial.
- Communicate immediately, within the maximum period and by the means that the Judge or Court indicates to that effect, each change of the place of residence or of the place or job position.
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