CDI 3 Specialized Crime Investigation 2 - Crimes Against Persons PDF

CDI 3 – Specialized Crime Investigation 2 with Simulation on Interrogation and Interview MODULE 2: Crimes against persons Page 1 of 4 LESSON PROPER Before conducting Crime Scene Investigation, In order to proceed you mus...

CDI 3 – Specialized Crime Investigation 2 with Simulation on Interrogation and Interview MODULE 2: Crimes against persons Page 1 of 4 LESSON PROPER Before conducting Crime Scene Investigation, In order to proceed you must know WHAT crime is committed. In this lesson we will tackle Crimes Against Persons. CRIMES AGAINST PERSONS Refers to a broad array of criminal offenses which usually involve bodily harm, the threat of bodily harm, or other actions committed against the will of an individual. Death or Physical Injuries Inflicted under Exceptional Circumstances With 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. The duration of destierro is the same as prision correccional, which is six (6) months and one (1) day, to six (6) years. Based on the duration of offenses, it is higher than arresto mayor, which has a duration of one (1) month and one (1) day, to six (6) months. Destierro is not a higher penalty than arresto mayor. Arresto mayor means imprisonment or complete deprivation of liberty, whereas destierro means banishment or only a prohibition from residing within a radius of 25 kilometers from the actual residence of the accused for a specified length of time. The respective severities of arresto mayor and destierro must not be judged by the duration of each of these penalties, but by the degree of deprivati on of liberty involved. Penologists have always considered destierro lighter than arresto mayor. In the graduated scale of penalties under Article 71 of the Revised Penal Code, destierro is placed below arresto mayor. CDI 3 – Specialized Crime Investigation 2 with Simulation on Interrogation and Interview MODULE 2: Crimes against persons Page 2 of 4 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 infiict upon them any serious physical injury, shall suffer the penalty of destierro (Art. 247 RPC) If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment. These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducers, while the daughters are living with their parents. (Art 247 RPC) Any person who shall promote or facilitate the prostitution of his wife or daughters, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article. (Art. 247 RPC) 7. Death Caused in a Tumultuous Affray When while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed and deceased, but the person or persons who inflicted, such person or persons shall be punished by prison mayor. (Par.1 Art 251 RPC) If a person cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prison correctional in its medium and maximum periods. Shall be imposed upon all those who shall have used violence upon the person of the victim. (Par.2 251 RPC. Elements: 1. That there be several persons. (At least 4 persons must take part.) 2. That they did not compose groups organized for common purpose of assaulting and attacking each other reciprocally. 3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner. 4. That someone was killed in the course of affray. 5. That it cannot be ascertained who actually killed deceased. 6. That the person or persons who inflicted serious physical injuries or who use violence can be identified. Tumultuous affray exists when at least four person took part CDI 3 – Specialized Crime Investigation 2 with Simulation on Interrogation and Interview MODULE 2: Crimes against persons Page 3 of 4 Persons Liable if Death Results 1. The person or persons who inflicted serious physical injuries are liable. 2. If it is not known who inflicted the serious physical injuries on the deceased, all persons who used violence upon the person victim are liable but with lesser liability. The person killed in the course of affray need not be one of the participants in the affray. 8. Giving Assistance to Suicide Any person who shall assist another to commit suicide shall suffer the penalty of prison mayor, If such person lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, to penalty of arresto mayor in its medium and maximum periods shall be imposed. (Art 253 RPC) 9. Euthanasia commonly known as mercy killing- is the practice of painlessly putting to death a person suffering from one incurable decease. Euthanasia is not lending assistance to suicide. In euthanasia, the person killed does not want to die. A doctor who resorts to mercy-killing of his patient may liable for murder. (Art 248 RPC) 10. Physical Injuries 11. Mutilation Art. 262, Revised Penal Code: The penalty of reclusion temporal to reclusion perpetuashall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, of some essential organ for CDI 3 – Specialized Crime Investigation 2 with Simulation on Interrogation and Interview MODULE 2: Crimes against persons Page 4 of 4 reproduction. Any other intentional mutilation shall be punished by prison mayor in its medium and maximum periods. Kinds of Mutilation Punishable Under the Code: 1. Intentionally depriving a person, totally or partially of some of the essential organs for reproduction, and 2. Intentionally depriving a person of any part or parts of the human body other than the organs for reproduction.