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Criminal Law
Criminal Law
CRIMINAL LAW 1
Abberatio Ictus – mistake in blow. crime, serve to have the penalty imposed in
its maximum period provided by law for the
What is the legal effect of aberratio offense or those that change the nature of
ictus? the crime.
a. may result in complex crime or two Generic - those which apply to all
felonies crimes.
b. if complex, apply Art. 48 - Penalty Specific - those which apply only to
for the more or most serious crime in its specific crimes.
maximum period. Qualifying - those that change the nature
of the crime.
Absolutory Causes - where the act Inherent - which of necessity accompany
committed is a crime but for some the commission of the crime, therefore not
reason of public policy and sentiment, there considered in increasing the penalty to be
is no penalty imposed. imposed.
Exempting and justifying circumstances are Special - those which arise under special
absolutory causes. conditions to increase the penalty of the
Accomplices - Persons who do not act as offense and cannot be offset by mitigating
principals but cooperate in circumstances.
the execution of the offense by previous and
simultaneous acts, Alternative Circumstances – Those which
which are not indispensable to the must be taken into consideration as
commission of the crime. They act as aggravating or mitigating according to the
mere instruments that perform acts not nature and effects of the crime and the other
essential to the perpetration conditions attending its commission.
of the offense.
Amnesty – is an act of the sovereign power
Act – an overt or external act. Any bodily granting oblivion or general pardon. It wipes
movement tending to produce some effect in all traces and vestiges of the crime but does
the external world. not
extinguish civil liability.
Actus Me Invito Factus Non Est Meus
Actus – Any act done by me against Astucia – (Craft) involved the use of
my will is not my act. intellectual trickery or cunning
on the part of the accused. A chicanery
Agent - subordinate public officer charged resorted to by the accused to
w/ the maintenance of public aid in the execution of his criminal design. It
order and protection and security of life and is employed as a
property. scheme in the execution of the crime.
Pardon – an act of grace proceeding from What is the legal effect of praeter
the power entrusted with the intentionem?
execution of laws, which exempts the Mitigating circumstance (Art. 13, par. 3)
individual from the punishment
the law inflicts for the crime. Prescription Of A Crime – is the
loss/forfeiture of the right of the
Parole – consists in the suspension of the state to prosecute the offender after the lapse
sentence of a convict after of a certain time.
serving the minimum term of the
indeterminate penalty, without granting Prescription Of Penalty - means the
pardon, prescribing the terms upon which loss/forfeiture of the right of
the sentence shall be government to execute the final sentence
suspended. In case his parole conditions are after the lapse of a
not observed, a convict certain time.
may be returned to the custody and continue
to serve his sentence Probation - a disposition under which a
without deducting the time that elapsed. defendant after conviction and
sentence is released subject to conditions
Penalty – suffering inflicted by the State for imposed by the court and to
the transgression of a law. the supervision of a probation officer.