Criminal Law Book 1 PDF

CRIMINAL LAW BOOK 1 PSSg Jayson Iglesias Torio, Rcrim Instructor  BATTERED WOMAN SYNDROME Under Sec. 26 of R.A. 9262 or the law on Anti-violence against women and their children provides that Battered Woman Syndrome as a Defense for the commission of crime....

CRIMINAL LAW BOOK 1 PSSg Jayson Iglesias Torio, Rcrim Instructor  BATTERED WOMAN SYNDROME Under Sec. 26 of R.A. 9262 or the law on Anti-violence against women and their children provides that Battered Woman Syndrome as a Defense for the commission of crime. Battered Woman Syndrome refers to the scientifically defined patterned of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. NOTE: Victims who are found by the courts to be suffering from Battered Woman Syndrome do not incur any criminal and civil liability. In the determination of the state of mind of the woman who was suffering from BWS at the time of commission of the crime, the court shall be assisted by the expert psychiatrist/psychologist. LESSON: CRIMINAL LAW BOOK 1  BATTERED WOMAN Refers to a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants to do without concern for her rights. Battered Woman Syndrome (BWS) is characterized by the so called “ CYCLE OF VIOLENCE” which has three phases: 1. The tension building phase; 2. The acute battering incident; and 3. The tranquil, loving (or, at least, non violent) phase. LESSON: CRIMINAL LAW BOOK 1  EXEMPTING CIRCUMSTANCES These are the grounds for exemption from criminal punishment when the criminal act was not committed voluntarily or with negligence. - These are the COMPLETE ABSENCE or lack of intelligence, freedom of action or intent or in the absence of negligence or imprudence on the part of the accused. Note: No Criminal Liability, only Civil Liability The following are the exempted from criminal liability: 1. An imbecile or insane person, unless the latter acted during the lucid interval (a temporary period neurological normality); 2. A person under nine (9) years of age; and 3. A person over nine (9) years of age and under fifteen, unless he acted with discernment. 4. Any person who while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. (By mere Accident) LESSON: CRIMINAL LAW BOOK 1  Accident defined An accident is any happening beyond the control of a person the consequences of which are not foreseeable. If foreseeable, there is fault or culpa. An accident is an occurrence that happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences. It connotes the absence of criminal intent. Example: In performing a lawful act with due care by snatching away the “balisong” in defense of stranger, the “balisong” flew with force that it hit another person who was seriously injured, Tommy is exempted from criminal liability because of mere accident. LESSON: CRIMINAL LAW BOOK 1  5. Any person who acts under the impulse of an irresistible force 6. Any person who acts under the impulse of uncontrollable fear of an equal or greater injury; Difference Between Irresistible Force and Uncontrollable Fear There is uncontrollable fear is when the offender employs intimidation or threat in compelling another to commit a crime, while irresistible force is when the offender uses violence or physical force to compel another person to commit a crime. 7. Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause. Insuperable Cause – is a factor or event that makes it impossible for an individual to comply with the law, it is also known as the “LEGAL EXCUSE or a JUSTIFICATION” example: 1. Confession to PRIEST no allowed by law to reveal informations by reason of confession in his professional capacity. 2. non delivery of accused by the Police Officers (not liable for Arbitrary detention) LESSON: CRIMINAL LAW BOOK 1  IMBECILITY AND INSANITY 1. IMBECILITY - Is one who is DEPRIVED COMPLETELY of reason or discernment and freedom of the will at the time of the commission of the crime. 2. INSANITY - There is insanity when the actor is completely deprived of intelligence in the commission of the act or deprived of reason, or there is complete absence of power to discern and power of freedom of the will. NOTE: Is not always exempt from criminal liability if it can be proven that he acted during lucid interval. LESSON: CRIMINAL LAW BOOK 1  MINIMUM AGE OF CRIMINAL LIABILITY 1. 15 years of age at the time of commission shall be exempt from criminal liability. However the child shall be subjected to an intervention program. Example: Community Involvement, Recreation, Employment and Training Assistance, Bullying Prevention Programs and Family Therapy Programs. 2. A child above 15 years of age but below 18 shall likewise be exempt from criminal liability and be subjected an intervention program, unless he/she acted with discernment in which case such child shall be subjected to the appropriate proceedings. DETERMINATION OF AGE The CICL shall enjoy all the presumption of minority. He or she shall enjoy all the rights of a CICL until he/she is proven to be eighteen (18) years old or older. Note: The age can be determine from the childs birth certificate, baptismal, or any other pertinent document, in the absence of documents, age maybe based on information from the child himself/herself, the testimonies of other person and the physical appearance of the child. LESSON: CRIMINAL LAW BOOK 1  CHILDREN BELOW THE AGE OF CRIMINAL LIABILITY If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority shall immediately release the child to the custody of his/her parents or guardian, or in the absence thereof the child’s nearest relative; Shall immediately give notice to the Local MSWD Officer who will determined appropriate programs in consultation with the child and the person having custody over the child; If the parents, guardians or nearest relative refused to take the custody, the child may be release to any barangay official or a member of Barangay Council for the Protection of Children (BCPC). If the child referred to herein has been found to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program,the proper petition for involuntary commitment shall be filed by DSWD or LSWDO pursuant to PD 603, otherwise known as the “The Child and Youth Welfare Code” LESSON: CRIMINAL LAW BOOK 1  The 4 periods of Person’s Criminal Liability under RPC 1. 9 years old and Below -Absolute Exemption 2. 10 to 14 years old - if he acted with discernment at the time of commission of crime MITIGATED Criminal Liability, if NOT EXEMPT from Criminal Liability. 3. 15 to 17 years old - Mitigated 4. 18 – 70 years old - Full Responsibility of Criminal Liability AUTOMATIC SUSPENSION OF SENTENCE - Once the child who is under 18 years of age at the time of commission of the offense is found GUILTY of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place under SUSPENDED SENTENCE without need of application. LESSON: CRIMINAL LAW BOOK 1  OFFENSES NOT APPLICABLE TO CHILDREN Persons below 18 years of age shall be exempted from prosecution for the following crimes: a. Crime of Vagrancy - the act of wandering from one place to another with no apparent means of financial support. b. Prostitution RPC defines prostitution as a crime only women can commit. c. Mendicancy under PD 1563 - refers to any person who has no visible and legal means of support, or lawful employment and who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means of living. d. Sniffing of Rugby under PD 1619 NOTE: They shall undergo appropriate counseling and treatment program. LESSON: CRIMINAL LAW BOOK 1  ABSOLUTORY CAUSE those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty. EXAMPLES: 1. ART 6 OF RPC, Spontaneous Desistance of the Person who commenced the commission of a felony before he could perform all the acts of execution. NOTE: It occurs when an offender voluntarily stops the commission of a felony before it is fully consummated, thereby avoiding all the legal consequences of their act. 2. ART 20, Accessories who are exempt from criminal liability Ground for exemption under Art. 20 The exemption provide in this article is based on the ties of blood and the preservation of the cleanliness of one’s name. An accessory is exempt from criminal liability when the principal is his – Spouse Ascendant Descendant Legitimate, Natural or Adopted brother, sister or relative by affinity within the same degree, LESSON: CRIMINAL LAW BOOK 1  3. ART 124 The commission of a crime or violent insanity, or any other ailment requiring the compulsory confinement of the patient of the hospital, is considered as the legal grounds for the detention of a person; 4. ART 247 Death or Physical Injuries committed under exceptional circumstances Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro. DESTIERRO - means banishment or only a prohibition from residing within the radius of 25 kilometers from the actual residence of the accused for a specified length of time. While it is technically not imprisonment, it still is a penalty imposed under the Revised Penal Code of the Philippines. LESSON: CRIMINAL LAW BOOK 1  DISTINCTION BETWEEN INSTIGATION AND ENTRAPMENT ENTRAPMENT - is the employment of means and ways by the law enforcement officers in order to arrest or apprehend a law violator. -the criminal design originates from and is already in the mind of the lawbreaker even before entrapment; - the law enforcer is not criminally liable. INSTIGATION - Is the act of a law enforcer who induces the person to basically commit the crime otherwise have no intention of committing. - the idea and design to bring about the commission of the crime originated and developed in the mind of the law enforcers; - the law enforcer is criminally liable EXAMPLE: PSMS Pedro induces Juan to buy a Marijuan Cigarette, and then PSMS Pedro arrested Juan for violation of Dangerous Drug Act of 2002. LESSON: CRIMINAL LAW BOOK 1  BUY-BUST OPERATION - defined is a form of entrapment whereby means and ways are resorted to for purpose of trapping and capturing law breakers in the execution of their criminal plan. (Delivery to poseur buyer and the receipt of seller of the marked money successfully consummate the buy-bust transaction) MITIGATING CIRCUMSTANCES - those circumstances in which if present in the commission of the crime, do not entirely free the actor (suspect) from criminal liability, but serve only to reduce the penalty. BASIS OF MITIGATION OF THE CIRCUMSTANCES - are factors that are considered in defining the moral severity of the crime and may lead to a lesser sentence. Mitigating circumstances based on the things such as age, mental state, history of abuse, or a lack of criminal record. CLASSES OF MITIGATING CIRCUMSTANCE 1. ORDINARY MITIGATING - Can be offset by aggravating (AC) - Reduction the penalty of in terms of period. 2. PRIVILEGE MITIGATING –In cannot be offset by aggravating (AC), and it produces the effects of imposing upon the Offender, the penalty lower by one or more degrees than that provided by law for the crime. Example: Minority (below 18 years of age,) Senility (70 years of age and above) and Voluntary Surrender LESSON: CRIMINAL LAW BOOK 1  EXAMPLES OF MITIGATING CIRCUMSTANCES 1. MINORITY - the accused is a minor 5 years of age and under 18 years old. 2. SENILITY - referred to as the seniority, the accused is over 70 years of age. 3. PREATER INTENTIONEM - having no intention to commit so grave a wrong. 4. SUFFICIENT PROVOCATION OR TREAT - any unjust or improper conduct or act of the victim adequate enough to excite a person to commit a wrong, which is accordingly proportionate in gravity. 5. VINDICATION OF A GRAVE OFFENSE - the fact of proving that someone is not guilty or is free from blame, after other people have blamed them to the one committing the felony, his spouse, ascendants, or relatives by affinity within the same degrees. LESSON: CRIMINAL LAW BOOK 1  6. PASSION AND OBFUSCATION - when the crime was committed due to an uncontrollable burst of passion provoked by prior unjust or improper acts, or due to a legitimate stimulus so powerful as to overcome reason.“. Example: Juan saw Tomas hitting his (Juan) son. Juan stabbed Tomas. Juan is entitled to Mitigating Circumstance of P&O as his actuation arose from a natural instinct that impels a father to rush to the rescue of his son. 7.VOLUNTARY SURRENDER/VOLUNTARY PLEA OF GUILT - refers to the mitigating circumstance under the Revised Penal Code wherein the accused voluntarily surrender to a person in authority or the latter's agents, or voluntarily confessed to his/her guilt before the court prior to the presentation of the evidence for the prosecution 8. PHYSICAL DEFECTS - 1.The offender is deaf and dumb, blind or otherwise suffering from some physical defect; 2. Such physical defect restricts his means of action, defense, or communication with his fellow beings. 9. ILLNESS - If an individual with severe illness (combat PTSD) attacks another, the fact that they are suffering from a mental illness is considered a mitigating circumstance. LESSON: CRIMINAL LAW BOOK 1  END OF PRESENTATION LESSON: CRIMINAL LAW BOOK 1