Vous êtes sur la page 1sur 9

Crim 1 Prof. Jimenez Finals Reviewer Camille Umali Enumeration/Requisite Constitutional Limitations REYES: 1.

prohibits passage of retroactive laws which are prejudicial to the accused 2. requires that criminal laws must be of general application and must clearly define the acts and omissions punished as crimes 1. 2. 3. 4. 5. 6. 7. Due Process and Equal Protection Freedom of expression Freedom of religion No excessive fines nor cruel, degrading or inhuman punishment Non-imprisonment of non-payment of taxes Bill of attainder Ex post facto law a. Makes criminal an act before passage of law b. Aggravates a crime c. Changes and inflicts greater punishment d. Alters the legal rules of evidence e. Imposes penalty or deprivation of right (when done was lawful) f. Deprives accused of some lawful protection

Freedom of religion:

Compelling state interest test

1. government action burdened claimants free exercise of religion and there is no doubt as to the sincerity of the religious belief 2. failed to demonstrate a particularly important or compelling governmental goal in preventing exemption 3. failed to demonstrate that is used the least restrictive means 1. 2. 3. 4. 5. 6. 7. 8. 1. 2. 3. 4. 5. Right to speedy disposition of their cases No person shall be held to answer without DP Be bailable by sufficient sureties (except reclusion perpetua) Presumed innocent until contrary is proven No person shall be compelled to be witness against self Excessive fines shall not be imposed Put twice in jeopardy of punishment of same offense Free access to courts and adequate legal assistance Statutory General Territorial Prospective Morally condemnable

Constitutional Rights of accused Waive: (personal) Confrontation Cross-examination (public interest) Be informed of the nature and cause Characteristics

Definition of a felony (Art.3) Elements 1. Actus reus 2. Mens rea 3. Concurrence 4. Resulting harm 5. Causation Mens Rea

Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. 1. An act or omission 2. Punishable by RPC 3. Act is performed or omission is incurred by means of dolo or culpa

(Dolo - Deliberate Intent) 1. Freedom 2. Intelligence 3. Intent (Culpa Constructive intent) 1. Freedom 2. Intelligence 3. Imprudence/lack of skill or negligence/lack of foresight 1. Act done wouldve been lawful had the facts been as the accused believed them to be 2. Intention in performing act should be lawful 3. Mistake must be without fault or carelessness

Mistake of fact

Crim 1 Prof. Jimenez Finals Reviewer Camille Umali Criminal Liability (Art. 4) Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. 2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. Requisite proximate cause Intentional felony has been committed Wrong done is the direct, natural and logical consequence of the felony committed Not: active force, intentional act of victim 1. 2. 3. 4. Duty of the court (Art. 5) Act performed would be an offense against persons or property Act was done with evil intent Accomplishment is inherently impossible Means employed is inadequate or ineffectual Would not constitute a violation of another provision 1. 2.

Requisite impossible crime

Acts of Execution(Art.6)

(trial) 1. Act appears not punishable 2. Court deems it proper to repress such act 3. Render a proper decision 4. Report to Chief Executive through Secretary of Justice state reason (penalty) 1. Finds accused guilty 2. Penalty appears to be excessive 3. Should not suspend execution 4. Submit statement to Chief Executive through Secretary of Justice Consummated - when all the elements necessary for its execution and accomplishment are present Frustrated - when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. Attempted - when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.

Attempted

1. 2. 3. 4.

Offender commences the commission Does not perform all the acts of execution which should produce the felony Not stopped by his own spontaneous desistance Non-performance of all acts of execution was due to cause or accident other than own spontaneous desistance Performs all the acts of execution All the acts performed would produce the felony as a consequence Felony is not produced Independent of will of the perpetrator Nature of the offense Elements constituting the felony Manner of committing the same

Frustrated

1. 2. 3. 4. 1. 2. 3.

How to determine

Light felonies (Art.8) Grave, Less Grave, Light (Art.9)

Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art.. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both

Crim 1 Prof. Jimenez Finals Reviewer Camille Umali JUSTIFYING CIRCUMSTANCES - no crime committed because the act is justified Burden of proof: accused (to avoid liability) Requisites Act of a person is said to be in accordance with law, that person is deemed not to have transgressed the law and is free from both criminal and civil liability (except par.4) Reason law recognizes the non-existence of the crime

1. Self-defense

1. Unlawful aggression 2. Reasonable necessity 3. Lack of sufficient provocation

- Impossible to prevent aggression in all cases - Offer protection to the person unjustly attacked - It cannot be conceived that a person should succumb to an unlawful aggression without offering any resistance - not just of person/body, all rights protected - self preservation - founded on humanitarian sentiment and impulse of blood which impels men to rush, on the occasion of great perils, to the rescue of those close to them by ties of blood - will apply even if the relative gives provocation

2. Defense of Relatives

1. Unlawful aggression 2. Reasonable necessity 3. Lack of sufficient provocation from the one making defense

3. Defense of Stranger

1. Unlawful aggression 2. Reasonable necessity 3. Person defending be not induced by revenge, resentment or other evil motive 1. Evils sought actually exist 2. Injury feared be greater than that done to avoid it 3. No other practical and less harmful means of preventing it

- stranger everyone not included relatives in par.2 - what one may do in his defense, the others may do for him - the ordinary man will not stand idly by and see his companion killed without attempting to save his life

4. Avoidance of Greater Evil

* Civil liability is borne by the person benefited - evil: must exist and not just expected or anticipated and must not be a result of a violation of law -instinct of self preservation or doctrine of self-help

5. Fulfillment of a Duty

1. acted in the performance of a duty or in lawful exercise of office 2. injury caused is necessary consequence of the due performance of duty or lawful exercise of such right or office

6. Obedience to a lawful order by Superior

1. a. order has been issued by a superior 2. such order must be for some lawful purpose 3. means used by subordinate to carry out said order is lawful

- not aware of illegality without fault or negligence - there should be no criminal intent nor negligence

Crim 1 Prof. Jimenez Finals Reviewer Camille Umali

EXEMPTING CIRCUMSTANCES Technically, a crime is committed but due to absence of a condition, free will or voluntariness is not present = no criminal liability

Requisites There is wanting in the agent of the crime any conditions which make the act voluntary or negligent

Reason Complete absence of intelligence, freedom of action, intent or absence of negligence

1. Imbecile, Insane

Imbecile while advanced in age, has mental development of that of a child Insane without discernment Periods of criminal liability 1. Absolute: 9 2. Conditional: 9-15 3. Full: 18-70 4. Mitigated: 9-15 w/ discernment 15 18 > 70 (senility)

Complete absence of intelligence, an element of voluntariness

Complete absence of intelligence Discernment mental capacity to understand between right and wrong

2. Under 9 (RA 9344: 15)

3. Over 9 but under 15, acted with discernment

Complete absence of intelligence

4. Accident

1. Performing a lawful act 2. With due care 3. Causes an injury by mere accident 4. Without fault or intention

Lack of intelligence and intent Definition: happens outside sway of our will although it comes from act of our own will - lies beyond bound of human forseeable consequences

5. Irresistible Force

1. Compulsion is by means of physical force 2. Physical force must be irresistible 3. Physical force must come from a third person

Complete absence of freedom - not only without will but against the will

6. Uncontrollable fear

1. The threat which causes the fear is of an evil greater than or at least equal to that which he is required to commit 2. It promises evil of such gravity and imminence that an ordinary man wouldve succumbed to it

Complete absence of freedom (act done by me against my will is not my act) Required: 1. Existence of uncontrollable fear 2. Fear is real and imminent 3. It is greater than that committed

7. Insuperable cause

1. Act is required by law to be done 2. Person fails to perform such act 3. His failure is due to some lawful or insuperable cause

Acts without intent

Crim 1 Prof. Jimenez Finals Reviewer Camille Umali MITIGATING CIRCUMSTANCES Requisites If present, do not entirely free the actor from criminal liability, but serve to reduce penalty Reason Diminution of either freedom of action, intelligence or intent or on the lesser perversity of the offender

1. Incomplete justification or exemption 2. Age (under 18 or over 70) 3. Lack of intent to commit so grave wrong 1. Provocation must be sufficient 2. Originate from the offended party 3. Must be immediate to the act to the commission of the crime by the person who is provoked 1. There be a grave offense done to the one committing the felony, S, A, D, (L,N,A) B/S, or relatives by affinity within the same degree 2. Committed in vindication of such grave offense. A lapse of time is allowed Diminution of intelligence

Intent is diminished

4. Sufficient provocation

Diminution of intelligence and intent

5. Vindication of wrong

Diminution of the conditions of voluntariness

6. Passion or obfuscation

1. Acted upon impulse 2. Impulse must be so powerful that it naturally produced passion or obfuscation (Voluntary surrender) 1. Had not actually been arrested 2. Surrendered himself to a person in authority or latters agent 3. Voluntary (Plea of guilt) 1. Spontaneously confessed guilt 2. Made in open court competent court that is to try the case 3. Made prior to the presentation of evidence for prosecution

Diminution of intelligence and intent

7. Voluntary surrender or plea of guilt

Lesser perversity of the offender

8. Deaf and dumb, blind other physical defects which restricts the offenders means of action, defense of communication 9. Illness that would diminish the exercise of will power without depriving offender of consciousness of his acts 1. Illness of the offender must diminish the exercise of will-power 2. Such illness should not deprive the offender of consciousness of his acts

Diminution of intelligence and intent

10. Analogous circumstances

Crim 1 Prof. Jimenez Finals Reviewer Camille Umali AGGRAVATING CIRCUMSTANCES Requisites If attendant, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by the law for the offense Reason Greater perversity 1. 2. 3. 4. 5. Motivating power Place of commission Means and ways employed Time Personal circumstances of offended or offender

1. Taking advantage of Public office 1. engaged in exercise of his function 2. he who is engaged in the exercise of said functions is not the person whom the crime is committed 3. offender knows him to be a public authority 4. his presence has not prevented the offender from committing criminal act

(3) Means and ways employed

(3) Means and ways employed

2. Insult to public authority

3. Disregard of rank, age & sex Committed in dwelling 1. offended had trusted the offender 2. offender abused such trust by committing crime against offended 3. abuse of confidence facilitated the commission of the crime

(3) Means and ways employed (2) place of commission (3) Means and ways employed

4. Abuse of confidence

(2) place of commission 5. Palace of chief executive etc., place of worship (4) time (2) place of commission (3) Means and ways employed (4) time 7. Occasion of a calamity 1. armed men or persons took part in the commission of the crime, directly or indirectly 2. accused availed of himself of their aid or relied upon them when the crime was committed 1. on trial for an offense 2. previously convicted by final judgment of another crime 3. both first and second offense are embraced in the same title of the code 4. convicted of the new offense (3) Means and ways employed

6. Nighttime Uninhabited place Band

1. facilitated the commission of crime 2. especially sought for by offender 3. took advantage thereof for the purpose of impunity

8. Aid of armed men

(5) personal circumstances

9. Recidivist

Crim 1 Prof. Jimenez Finals Reviewer Camille Umali 1. on trial for an offense 2. previously served sentence for another offense to which law attaches equal or greater penalty, or for two or more crimes to which it attaches lighter penalty than that of new offense 3. convicted of the new offense (5) personal circumstances

10. Reiteration / habituality

(1) Motivating power 11. Price, promise, reward (3) Means and ways employed 12. Inundation, fire, etc. (3) Means and ways employed 1. time when offender determined to commit the crime 2. act manifestly indicating that the culprit has clung to his determination 3. sufficient lapse of time between determination and execution to allow him to reflect upon the consequences of his act and allow his conscience to overcome the resolution of his will (3) Means and ways employed 14. Craft, fraud, disguise (3) Means and ways employed 15. Abuse of superior strength (3) Means and ways employed

13. Evident premeditation

16. Treachery

(3) Means and ways employed 17. Ignominy (3) Means and ways employed 18. Unlawful entry (3) Means and ways employed 19. Breaking a wall, roof, etc. 20. Aid of person under 15 By means of a motor vehicle, etc. 1. injury caused be deliberately increased by causing other wrong 2. other wrong be unnecessary for the execution of the purpose (3) Means and ways employed

(3) Means and ways employed 21. Cruelty

Crim 1 Prof. Jimenez Finals Reviewer Camille Umali

PERSONS CRIMINALLY LIABLE

Requisites 1. two or more persons came to an agreement 2. agreement concerned with commission of a felony 3. execution be decided upon

Other Notes (Proposal) 1. 2. person has decided to commit a felony he proposes its execution to some other person or persons

Conspirators

Principals 1. participated in criminal resolution 2. carried out plan and personally took part in execution by acts which tended to the same end Words of command requisites: 1. one uttering words must have the intention of procuring the commission of the crime 2. one who made the command must have an ascendancy or influence over the person who acted 3. words must be so direct, efficacious and powerful to amount to physical and moral coercion 4. uttered prior to the commission of the crime 5. material executor has no personal reason to commit the crime

1.

direct participation

2.

induction 1. inducement made directly with the intention of procuring the commission of the crime 2. such inducement be the determining cause of the commission of the crime by the material executor

1. forcing another a. irresistible force b. uncontrollable fear 2. inducing another a. giving a price, offer reward or promise b. using words of command

3.

indispensable cooperation

1. participation in criminal resolution anterior conspiracy or unity of criminal purpose and intention immediately before commission 2. cooperation in the commission of offense by performing another act, without which it would not have been accomplished

Accomplices

1. community of design knowing the criminal design and concurs with the principal by DP in his purpose 2. cooperates in execution by previous or simultaneous acts supplying material or moral aid 3. relation between the acts done by the principal and those attributed to the person charged as accomplice

Accessories

1. having knowledge of commission of crime 2. without having participated as principal or accomplice 3. take part subsequent to commission

1. 2. 3.

profiting themselves or assisting the offender to profit concealing or destroying the body of the crime harboring, concealing or assisting in the escape of the principal of the crime

Crim 1 Prof. Jimenez Finals Reviewer Camille Umali

Article 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22

Keyword
Time when act takes effect Application of provision- preferential application (5) Definition Criminal liability proximate cause impossible crime Duty of court statutory characteristic Act of execution consummated, frustrated, attempted Light felonies punishable Conspiracy and proposal Grave, less grave, light felonies Offenses not subject to this provision Justifying Exempting Mitigating Aggravating Alternative Persons criminally liable Principals Accomplices Accessories Accessories who are exempt Retroactive application

Vous aimerez peut-être aussi