SARDENIA,GREGORIO B.

BS CRIM II\ BLOCK 2

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II.

1. Theories of criminal law

*Classical theory
This theory evolves in the concept that man is essentially a moral creature
with an obsolute free will to choose between good and evil and therefore more
stress is place upon the result of the felonious act than upon the criminal
himself
*Positivist theory
It states that man is subdued occosionally by a strenger and morbid
phenomenon with condition him to do wrong inspite of or contrary him to do
wrong inspite of or contrary to his volition crime is essentially a social and
moral phenomenon and it cannot be treated and checked by the imposition of
punishment fixed and deteemined

Ans.
Theory does our revised penal code belong is the classical theory although
some of articles that pertain to the positivst school like art 4 rpc on impossible
crime and art 13, par. 7. on the mitigating circumstances of voluntary
surrender and plea of guilty.

2. Gen prinples; territoriality , jurisdiction over vessel

Ans. Iwell grant the motion it is because in the first place the crime was
committed along the south china sea

3. conspiracy
Liable for the death of G the physical injuries of F are A who committed the
crime direct participent B,C, and D serve as a look out E serve as a get away
vehicle

4. Criminal liability ; felonious act proximate cause

Ans; yes. Vicente maybe charged of homicide for the death of anacleto unless
the tetanus infection w\c developed 25 days later ,was bough about by an
efficient soperivening cause . vicente felonious act of causing a two inch
wound on anacleto right plam may still be regarded as the proximate cause of
the latter death bec. W\o such wound . no tetanus infection could develop
from the victim rigth palm and w\o such tetanus infection the victim would not
have died with it.

5. What is an impossible crime impossible crime is not a felony because it is

just an app an app that would be an offense against person or property ,
where it not for the inherent impossibility of its accomplishment or on account
of the employment of inadequate off ineffectual means
Is an impossible crime really a crime
Ans. It is being punished because of the crime mind of the offender
Elements
1. a person perform and without could be an offence against other person
2 .that he has an evil intent
3 t.hat the crime the intended to commit is possible of being consummated
either because of physical or legal impossibility or the means employed is
inadequate of ineffectual
4 .provided that the app should not constitutes violation of any other provision
off the revised penal code.

7. John is not a criminal liable because he is below a year of age without in

under pension circumstance

8. Clean the benefit of in defense of his daughter color with disconnect it is

under defense of relative
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12. Quasi recidivism is a specialaggravating circumstance where a person
after having been convicted by final judgment shall committed a new felony
before beginning to such sentence or while serving the same you shall be
punishable by the maximum pharaoh of the penalty is justified because of the
preversity and corrigibility off the offender while the recidivism. Recidivism is
the act off person repeating an undesirable behavior after they have either
experience of negative consequence of that behavior or have been traded to
extinguish that behavior.
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19. Fine is money that a court of law or other authority decides has to be paid
as punishment for crime while punishment is the imposition of an undesirable
is the outcome a upon a group or individual mated out by authority and
subsidiang imprisonment when the principal penalty imposed by only a fine
the subsidiangimprisonment shall not extend six months if the culprit shall
have been prosecuted for grave or less grave felony shall not extend 15 days.

20.reclusion perpetua is opescribed on crime punishable by rpc while life

imprisonment is imposed on offenses punishable by special law life
imprisonment does not have any definite extent or duration of imprisonment
prisoner serving life imprisonment can have parole at any time.