Criminal Law 1 Flashcards

Flashcards from Criminal Law 1 lecture notes to help me study for the final exam.

Which of the following is NOT one of the three types of principals in criminal law?

Principal by Cooperation

This aggravating circumstance is present when the culprit enjoys making his victim suffer slowly, causing unnecessary physical pain.

Cruelty

What is the applicable modifying circumstance if despite due diligence and without intention to commit a crime, the act resulted in physical injuries against another?

Exempting circumstances

Which theory justifies penalty to protect society from the threat and wrong inflicted by the criminal?

Theory of Prevention

Ely is a woman. Howard took advantage of his position as a police officer so that he will have carnal knowledge against the will of Ely. What is the applicable modifying circumstance?

Aggravating circumstances

This is present when the accused deliberately adds to the emotional pain and suffering of the victim.

Cruelty

It is an intellectual trickery and cunning resorted to by the accused in the commission of the crime

Craft

Under Art. 14, par 14 of the RPC, the use, by a person committing a crime, of mask to cover his face for the purpose of concealing his identity is an act of disguising. Therefore, what kind of circumstance is this?

Aggravating circumstance

A circumstance which adds disgrace or obloquy to the injury caused by the crime.

Ignominy

The following are alternative circumstances, EXCEPT: Intoxication, Relationship, Degree of instruction and?

Addiction

Which among the following is NOT a requisite for evident premeditation and therefore should NOT be appreciated?

Sudden outburst of anger

In Serious physical injuries, relationship is_.

Mitigating

Which one of the following does NOT belong to the group: Lack of skill, Imprudence, Negligence and?

Intent

Which of the following is correct about intoxication as an alternative circumstance?

Although not habitual, it is aggravating when intentional or subsequent to the plan to commit the crime

Preater intentionem is appreciated as a form of…

Mitigating circumstances

These are circumstance which reduces the penalty of the crime but does NOT erase criminal liability nor change the nature of the crime.

Mitigating circumstances

It indicates a deficiency of action.

Lack of foresight

A minor who committed a crime with discernment while he is above 15 BUT below 18 shall be entitled to.

Mitigating circumstances

A child who is over 15 BUT under 18 years of age who committed a crime without discernment shall be entitled for .

Exempting circumstances

In this circumstance, there is a crime but there is NO criminal, the act is NOT justified BUT the actor is NOT criminally liable.

Exempting circumstances

How is an accidental drunkenness appreciated as a circumstance in the commission of an offense?

Mitigating

These are those where the act committed is a crime BUT for some reason of 16 and sentiment, there is NO penalty imposed.

Absolutory causes

It is an act of grace proceeding from the power entrusted with the execution of laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime committed?

Absolute Pardon

There are three rules to be observed on the characteristics of retrospectivity of penal law EXCEPT

Penal Laws does not have retroactive effect

Placing a weapon in the hand of the dead who was unlawfully killed to plant evidence or burying the deceased who was killed by the mastermind is an example of

An accessory

Which of the following is NOT the basis of exempting a person from criminal liability under Article 12 of the RPC?

Complete absence of motive

For self-defense to be proved, the following elements must be present, EXCEPT;

Lack of negligence on the part of the offender

What justifying circumstance may be applicable if a police officer shot and killed a criminal who refuses to stop when ordered to do so?

Fulfilment of a duty and lawful exercise of right or office

When Pedro starts to commit directly by overt acts, a crime under the RPC, but does NOT perform all the acts of execution because of an accident other than his own spontaneous desistance, what stage in the commission of crime would his case fall?

Attempted

It is an act of sovereign power granting a general pardon for a past offense and is rarely, if ever, exercised in favor of a single individual and is usually exerted in behalf of certain classes of persons, who are subject to trial but were not yet convicted.

Amnesty

The following are criminally liable for light felonies.

Principal and accessory

An insane will NOT be exempted from criminal liability if…

He acted during a lucid interval

What occurs when a person who has decided to commit a felony, recommends its execution to some other person?

Proposal

It is one of the limitations from the power of the legislature to enact a law that convicts a suspect without any valid trial.

Bill of attainder

The following are exempting circumstances, EXCEPT; An imbecile or insane, Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it, Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury and?

Taking advantage of public position

An element of self defense, defense of a relative and defense of a stranger referring to a physical act manifesting danger to life or limb; it is either actual or imminent.

Unlawful aggression

The elements of impossible crime are the following, EXCEPT: Performed an act which would be a crime against person or property, There is an evil intent, The act is not accomplished because of inherent impossibility and?

The means employed is adequate and effectual.

Burden of proof in self-defense rest upon the ____.

Accused

Betty was attacked by Lenny with the use of knife. Even though Betty was surprised, she was able to parry the attack and it was during the scuffle of a knife that Betty stabbed Lenny resulting in her death. What circumstance was present in the incident?

Justifying

The reason for punishing an impossible crime is that the offender is.

Subjectively a criminal

The pattern of psychological and behavioral symptoms found in women living in maltreating relationship as a result of cumulative abuse whether physical, psychological or emotional.

Battered woman syndrome

In a rape case, marriage of the offender and the victim will

Totally extinguishes the criminal liability

One of the three inherent powers of the state is the power of eminent domain and the elements are the following, EXCEPT

Taking of property for private use

Radz, a licensed professional teacher who is serving his sentence in the prison was used to teach in the educational program of the prison. For this, 25 days for each month of teaching is deducted in his term of imprisonment. Which of the following is the reason for the deduction?

Good Conduct Time Allowance

Are those which the law attaches the capital punishment or penalties which of any of their periods are afflictive.

Grave felonies

The following totally extinguishes criminal liability EXCEPT

Conditional pardon

The following are penalties involving deprivation of freedom, EXCEPT; Reclusion Perpetua, Reclusion Temporal, Destiero and

Public censure

A, with intent to kill B, aimed his revolver at the back of the latter, A, NOT knowing that it was empty. When he pressed the trigger it did NOT fire. The means used by A is in short ineffectual. What crime has been committed by A?

Impossible Crime

Passion or obfuscation is an example of?

Mitigating circumstance

Destierro is imposed in the following cases, EXCEPT

Rape cases for the offender not to rape the victim again

A, with intent to kill, fired his pistol at B, but did NOT hit the latter. B cried and asked A NOT to shoot him. A desisted from firing his pistol again at B. What crime A committed?

Attempted homicide

Penalties that are deemed included in the imposition of principal penalties:

Accessory penalty

If there is NO intent to kill and the accused directed and discharged the weapon at the victim what crime has been committed?

Illegal discharge of firearm

Radz was convicted for syndicated swindling meting a penalty of imprisonment of reclusion perpetua and perpetual absolute disqualification. The perpetual absolute disqualification in this case is the

Accessory penalty

Only penalties prescribed by law shall be imposed against an offender because the penalty must be

Legal

If the unlawful taking of personal property belonging to another is complete and the article has come under the final control and disposition of the offender the crime of theft is

Consummated

The redress that the state takes against an offending member of the society

Penalty

The following are the importance of subjective and objective phase in the commission of the crime, EXCEPT

It determines what crime has been committed

A crime where any of the elements of the offense is committed in different localities such that the accused may be charged in any place where an essential element of the crime was committed

Continuing Crime

What is the Latin term for criminal intent?

Mens rea

” A” a public official working abroad as a disbursing officer of Philippine Embassy committed an offense in relation to the discharge of his functions like bribery, malversation or falsification, is “A” liable under our jurisdiction?

Yes, “A” is liable under our jurisdiction because he is a public officer or employee defined under Art.2 of RPC.

In the following cases, the stages in the execution of felony does NOT apply, EXCEPT

Formal Crimes

Light felony is punishable only when it is __.

Consummated

If the offender commits two crimes because the first crime is a necessary means of committing the other, the crime committed is

Complex crime

Which of the following is punishable?

Conspiracy as a means in incurring criminal liability

The meeting of the minds between two individuals to commit a crime presupposes the existence of

Conspiracy

As a general rule, what felonies are punishable only when consummated?

Grave felonies

Jose jumped out of the murky river because he is being chased by Rizal with a knife, and as a consequence thereof Jose drowned, Is Rizal criminally liable on the death of Jose?

Yes, because the death of Jose was the direct, natural and logical consequence of the felony committed even though different from that intended

When the offender desisted in the commission of crime resulting to the non-performance of all the acts of execution, what phase of felony is committed

Subjective

The offender unlawfully entered a dwelling with deliberate intent to commit a robbery but it turned out that the house is empty, the offender is liable for the crime of

Attempted Robbery

Rose due to jealousy, deliberately intended to kill April by putting sufficient quantity of poison to the drinks of April but she did NOT die due to her possible immunity to the poison, Rose is guilty of

Impossible crime of murder

Throwing a bomb killing several people and injuring others is an example of

Complex crime

So if the offender has NO opportunity to verify the identity of the victim in view of the circumstances beyond the control of the accused, the offender can

Invoke mistake of facts that will exempt the offender from the crime

The following accessories are exempt from criminal liability when the principal is their relative EXCEPT

Nephew

The following are acts of accessories, EXCEPT

Providing the material used for the commission of the crime.

When a boy was struck in the mouth BUT after two days he died due to pandemic prevalent in the country, what is the liability of the offender

The offender is liable for physical injury

Andres has an old grudge to Bonifacio and with an intent to kill shot Bonifacio but did NOT hit him, Andres desisted from firing his gun again, what crime was committed by Andres?

Attempted felony

A person who cooperates with the principal by direct participation and without whose participation the crime would NOT have been committed refers to

Principal by indispensable cooperation

Which of the following is a way of becoming a Principal by inducement

By directly forcing and inducing another person to commit a felony

So if the offender has an opportunity to verify the identity of the victim in view of the circumstances under his control, the _ will NOT exempt the offender from the crime.

Mistake of facts

It is one of the limitations of the part of the legislature to enact penal laws which did NOT accord due process of law, what is this limitation?

Limitation to enact Bill of Attainder

In the commission of a crime, that point where the offender can still decide to desist or continue the commission of the crime is

Subjective phase

Although the law does NOT include “voluntary” in the definition of a felony, it is an element because in Art 3 in referring to dolo states the act is performed with which implies that the act is voluntary or freely committed.

Deliberate intent

Physical activities or deeds indicating the intention to commit a particular crime is known as

Overt acts

If the offender is caught before the actual taking of the thing after having performed all the acts of execution or before the offender has final control and final disposal of the thing, the theft is

Attempted

The constitutional limitation of bill of attainder in the enactment of criminal laws simply means that our criminal laws shall

Impose penalty only after due hearing and trial

The theory in criminal law which posits that penalty is to be imposed to reform and rehabilitate.

Positivist Theory

These are Legislative Acts that prohibit certain acts and establish penalties for their violation

Penal Law

The rule of the general application of penal laws does NOT apply to those cases so provided by;

All of the above

That the law is binding upon all persons who reside or sojourn in the Philippines irrespective of age, sex, color, creed or personal circumstances is one of the characteristics of Criminal Law

Generality

A person who violates a law by reason of ignorance shall still be punished based on the principle of

Ignorantia Legis Non Excusat

The law which hears before it condemns, proceeds upon inquiry and render judgment after a fair trial.

Due process of law

Infractions of mere rules of convenience designed to secure a more orderly regulation of the affairs of the society.

Mala Prohibita

Republic Act. No 0210 is a law that prohibits, punishes certain acts without judicial trial was enacted in 12th Congress and signed into law by President Perez. How do you consider the law R. A. No. 0210?

Bill of Attainder

The following are exempt from the operation of Philippine Criminal Laws by virtue of the principles of Public International Laws EXCEPT

The Consuls

A kind of aggravating circumstance which arises under special conditions to increase the penalty of the offense and can NOT be offset by mitigating circumstances.

Qualifying aggravating circumstance

It is granted in connection of crimes against property, and is limited to prejudice that the injured party suffered.

Both b and c

The subordinate is NOT liable in carrying out an illegal order of his superior, if he is NOT aware of the _ of the order.

Illegality

In Criminal Law, nighttime as an aggravating circumstance is called .

Obscuridad

If the accused fired his firearm NOT directed to anyone but somewhere else, with NO intent to kill, what crime has been committed?

Illegal discharge of firearm