Criminal Laws and the Nurse PDF

Criminal Laws and the Nurse By: Portia Zoleta-Vitug, PhD, RN  Criminal Law Is that branch of law which defines crimes, treats of their nature and provides for their punishment.  Crime: 1. a crime is an act or an omission that is punishable by law. Thre...

Criminal Laws and the Nurse By: Portia Zoleta-Vitug, PhD, RN  Criminal Law Is that branch of law which defines crimes, treats of their nature and provides for their punishment.  Crime: 1. a crime is an act or an omission that is punishable by law. Three Characteristics of Philippine Criminal law: 1. Generality – penal laws are binding on all persons who live in Philippine territory. 2. Territoriality -as a general rule, criminal law undertakes to punish crimes committed within the Philipppines territory. 3. Prospectivity- as a general rule, penal laws punish those crimes committed during their effectivity. Two Sources of Philippine Criminal Law The Revised Penal Code of the Philippines- (Act 3815) and its amendment Special Penal law – These are laws that are passed by the legislature of the republic of the Philippines, that are penal in nature, and that are not included in the Revised Penal Code of the Philippines. – Section 35 of RA 9173 (The Philippine Act of 2002) is a special penal law. Two Kinds of Crimes Accdg. To the Law Punishing Felonies – or those crimes punished by the Revised Penal Code of the Philippines Offenses- or those crimes punished by special penal law  Elements of Felony: There must be an act or omission The act or omission must be punishable by the Revised penal Code of the Philippine The act is performed or the omission is incurred by means of either malice or fault  2 kinds of Felony according to the manner of Commission: Intentional Felonies – or those committed by means of malice or criminal intent Culpable Felonies- those committed by means of fault 3 Kinds of Felonies Accdg. To The Stages of Acts of execution: Attempted Felony Frustrated Consummated  Persons who Shall Incur Criminal Liability: Any Persons who commits a felony Any Person Who Commits an Impossible Crime  Three Kinds of felonies according to their Gravity Grave Felonies – capital punishment (death penalty) Less Grave Felonies- are these which law punishes with any correctional penalties Light Felonies – are those which are punished by law with arresto menor or with a fine not exceeding P 200.00 (?) or both such imprisonment and fine. Persons Who Are Criminally Liable for Felonies: For Grave felonies and Less Grave Felonies, The following are criminally liable: The principals The accomplices The accesories However, for light felonies only the principals and the accomplices are the criminally liable.  Three kinds of Principals Principal by direct Participation Principal by Induction Principal By Indispensable Cooperation  Conspiracy: A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to do it.  Justifying Circumtances Self Defense Defense of Relatives Defense of Strangers Avoidance of Greater evil or Injury Fulfillment of Duty, or Lawful exercise of Right Obedience to a Lawful Order  Some crimes against Nurses Murder Homicide Infanticide AbortionDispensing of abortives Negligence Kidnapping substitution of One Child to another Imprudence – lack of skill