Utilitarian or Protective Theory of Punishment in Criminal Law

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What type of violations under PD 532 are considered mala in se?

Robbery in general

Smuggling of illegal drugs

Bribery of public officers

Robbery committed with violence against or intimidation of persons (correct)

Which individuals are not classified as diplomatic officers according to the text?

Ambassadors and ministers resident

Commercial representatives like consuls (correct)

Charges d'affaires

Sovereigns and Chiefs of States

Regarding the RPC, what does Intraterritorial scope refer to?

Application of the RPC outside the Philippine territory

Application of civil laws within the Philippines

Application of international laws within the Philippines

Application of the RPC within the Philippine territory (correct)

Which international agreement is exemplified by the RP-US Visiting Forces Accord?

NATO alliance agreement Signup and view all the answers

Under what category do violations of special laws considered mala in se fall?

Offenses against public order Signup and view all the answers

Which group is subject to the penal laws of the country where they are assigned?

Consuls and commercial representatives Signup and view all the answers

What is the primary purpose of punishment under criminal law?

To protect society from actual and potential wrongdoers Signup and view all the answers

Which legal principle states that an offense is punished regardless of malice or criminal intent?

The mala prohibita principle Signup and view all the answers

What is the source of the power to punish violators of criminal law?

The police power of the State Signup and view all the answers

Which of the following is not a source of Philippine criminal law?

The Utilitarian or Protective theory Signup and view all the answers

What does the Nullum crimen principle state?

There is no crime when there is no law punishing the same Signup and view all the answers

Which legal principle is concerned with acts or omissions which society does not approve?

The Utilitarian or Protective theory Signup and view all the answers

Is mere proposal to commit a felony punishable?

No, proposal alone is not punishable under conspiracy laws. Signup and view all the answers

Who can be considered co-conspirators in a crime?

Only those who participate by criminal acts in the commission of the crime. Signup and view all the answers

What is necessary to establish co-conspirators' liability?

Overt acts demonstrating common criminal design and community of purpose. Signup and view all the answers

In conspiracy cases, what does the proof need to establish?

Unison among malefactors with no prior agreement required. Signup and view all the answers

Can one be criminally liable as a co-conspirator without any acts of criminal participation?

No, criminal liability as a co-conspirator necessitates acts of criminal participation. Signup and view all the answers

What is the legal consequence if there is a conspiracy to commit Rebellion and Rebellion is subsequently committed?

The accused is only liable for Rebellion, with conspiracy serving as proof. Signup and view all the answers

What is the difference between motive and intent in Criminal law?

Motive refers to the purpose to use a particular means to achieve the desired result, while intent is the moving power which impels a person to act for a definite result. Signup and view all the answers

What factors need to be considered in imposing a penalty?

Stages of execution, degree of participation, and presence of attending circumstances. Signup and view all the answers

Who can be held liable for grave or less grave felonies?

Principals, accomplices, and even accessories. Signup and view all the answers

Under what circumstances are light felonies punishable?

Light felonies are punishable when they are attempted but not consummated. Signup and view all the answers

What does it mean for a crime to be committed without motive?

Motive is not necessary for every crime; some crimes can be committed without any specific reason. Signup and view all the answers

What characterizes light felonies according to the provided text?

Light felonies involve slight wrongs that do not require penalties if not fully carried out. Signup and view all the answers

What is the primary requirement for a mistake of fact to be considered as a defense?

The act done would have been lawful had the facts been as the accused believed them to be Signup and view all the answers

Which of the following is true regarding proximate cause?

Proximate cause is not a necessary consideration in determining liability Signup and view all the answers

What is the difference between immediate cause and proximate cause?

Immediate cause requires that the offender needs to actually touch the body of the offended party, while proximate cause does not require this Signup and view all the answers

Who is liable for homicide in the given example involving X and Y?

Y is liable for homicide for the death of Y Signup and view all the answers

What are the three requisites of mistake of fact?

Lawful act, belief in the lawfulness of the act, and mistake without fault or carelessness on the part of the accused Signup and view all the answers

What is the significance of proximate cause in determining liability?

Proximate cause is a necessary consideration in determining liability Signup and view all the answers