Flashcards in From the book Deck (38)
Generic term used to refer to a wrongdoing punished either under the Revised Penal code or under a special law.
Felonies committed with deliberate intent
Those committed by means of fault
Classification of crimes as to stage of execution
Classification of crimes as to gravity
Less grave felonies
Classification of crimes as to count
Composite or specific complex
Complex under Art 48
Formal felonies - those which are always consummated
Those which have various stages of execution
Those which do not admit of the frustrated stage
Rape and theft
Violations of the RPC, that the act is inherently evil or bad or per se wrong
Malum in se
Violations of special laws
A crime under the RPC is referred to as
A crime punished under special law
A minor infraction of the law, such as a violation of an ordinance, is referred to as ...
Scope of application of RPC
Application of RPC within Philippine territory (12 nautical mile - limit)
Application of RPC outside Philippine territory
The rule on foreign merchant vessels in possession of dangerous drugs
Not in transit
Possession of dangerous drugs is not punishable, but the use of the same is punishable.
Mere possession of dangerous drugs is punishable
Not in transit
As a general rule. the Revised Penal Code governs only when the crime committed pertains to the exercise of the public officials‘ functions. those having to do with the discharge of their duties in a foreign country. The functions contemplated are those which are, under the law, to be performed by the public officer in the Foreign Service of the Philippine government in a foreign country.
Note:This rule is not absolute. The Revised Penal Code governs if the crime was committed within the Philippine Embassy or within the embassy grounds in a foreign country. This is because embassy grounds are considered an extension of Philippine sovereignty
A Philippine consulate official who is validly married here in the Philippines and who marries again in a foreign country cannot be prosecuted here for _____ because this is a crime not connected with his official duties. However, if the second marriage was celebrated within the Philippine embassy, he may be prosecuted here. since it is as if he contracted the marriage here in the Philippines.
The principles of public international law.
a. Sovereigns and other chiefs of states. b. Ambassadors, ministers, ministers plenipotentiary, ministers resident, and charges d' affaires.
Note: ______________ are not diplomatic ofﬁcers. Consuls are subject to the penal laws of the country where they are assigned.
Consuls, vice—consuls, and other commercial representatives of foreign nation
What is the exception to the prospective application of penal laws?
Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused.
Note: The retroactive effect shall benefit the accused even if at the time of the publication of the law. a ﬁnal judgment had been pronounced and the convict is serving sentence.
True or false
What is the exception to the exception? The new law cannot be given retroactive effect:
1. Where the new law is expressly made in applicable to pending actions or existing causes of actions.
2. Where the offender is a habitual criminal.
Requisites of dolo
Freedom of action
Requisites of culpa
- lack of foresight
LAck of skill
Freedom of action
Crimes cannot be committed through culpa
Disputably presumed from the performance of an unlawful act
Categories of intent in criminal law
General criminal intent
Specific criminal intent