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Final Task (1)
Final Task (1)
Final Task (1)
Criminal law is comparable to the social norms that ensure our safety. Think of it as a
large instruction manual that outlines our limitations. Its purpose is to ensure that
people don't hurt other people or cause problems. These regulations prohibit
everything from injuring someone to stealing. But it's also important to consider what
you wanted to do, not just what you really do. It's not illegal, for instance, to drop
someone else's phone by mistake; it's quite another matter to purposefully break it.
Now, it's not always simple to prove someone is at fault. The law cannot penalize
someone unless it is proven beyond a reasonable doubt and requires proof. Crime is
the violation of social norms, such as stealing or injuring others. The legal system is
responsible for determining who committed the crime and how to prosecute them.
Before penalizing someone, the law must be just and demonstrate that the offender
committed an offense.
Criminal law, commonly referred to as penal law, is like the referee of social norms. It
establishes limits for acceptable behavior and the repercussions for breaking the rules.
A person must have done something wrong and intended to break the law for it to be
proven against them. Men's rea, or the "guilty mind," is the term for this.
The Classical Theory sees crime as a decision made by people after considering the
advantages and disadvantages of their options. This theory holds that individuals are
logical beings with free will to disobey the law. According to this theory, punishments
are intended to discourage future offenders from committing the same offenses. Both
individual accountability and the significance of just and appropriate punishment are
emphasized by this theory.
The positivist theory, on the other hand, is more concerned with the variables that
affect behavior outside of free will. Like many other legal systems, the criminal law of
the Philippines is governed by specific aspects that make it unique.
Generality. This implies that everyone is subject to the same criminal laws. No matter
who you are or where you're from, breaking the law will always have consequences.
The next is territoriality. This indicates that inside the boundaries of the Philippines,
criminal laws are in effect. Therefore, regardless of your country, if you commit a crime
while in the Philippines, you will be prosecuted under Philippine law.
CHAPTER 2 FELONIES
Felonies are grave offenses that carry severe penalties. It's likely that someone
committed a criminal if you learn of someone serving a lengthy prison sentence. These
are not trivial offenses like robbing a store of candies or getting into a small altercation.
No, felonies are another matter entirely. We are discussing topics such as drug
trafficking, kidnapping, murder, and robbery. These are serious crimes that have the
potential to seriously damage individuals and society.
Crimes have various forms in the field of criminal law, and each has its own set of
regulations and repercussions. Consider it as sorting candies according to their tastes
and colors into various jars. Let us dissect these categories:
Felonies with intent are similar to major, serious felonies. Imagine someone planning
and executing a malicious act on purpose, such as robbing a bank or intentionally
injuring someone. These acts are performed with the full knowledge and purpose of
breaking the law. It's compare infer slightly. When someone commits an error, even if
it's not intentional, they occur. It's similar to unintentionally running into someone and
having them stumble. ble to knowing full well that you shouldn't eat all the cookies but
nonetheless doing so.
Culpable felonies: These offenses differ slightly. When someone commits an error,
even if it's not intentional, they occur. It's similar to unintentionally running into
someone and having them stumble. In criminal law, "dolo," a Latin term meaning
"intent" or "guile," refers to the mental state of the offender. Different "dolo" levels can
influence how a crime is handled in court. At the first level, the offender was intending
to commit the crime, or "intentional dolo." Intentional dolo, for instance, would be
someone going out intending to take a bike that they have planned to steal.
Intentional felonies are crimes in which the perpetrator intentionally uses dishonesty
or malice to plot and carry out a wrongdoing. For instance, estafa, which entails
misleading someone for one's own benefit, or murder, which is the deliberate taking
of another person's life. Culpable felonies: In some situations, the wrongdoing is the
result of incompetence, carelessness, or other factors. For example, careless driving
that results in a murder or careless behavior that results in someone losing their life.
Less Serious Felonies: Although these offenses are grave, they are not as bad as
grave felonies. Usually, they result in prison sentences, such as attempted murder.
Chapter 3 Circumstances Affecting Criminal Liability
Article 11: Circumstances That Justify Actions: These are situations in which a
person's actions, which in any other case would be considered crimes, are absolved
on the grounds that they were taken to protect oneself or other people. For example,
defending oneself or a close one against an impending threat.
The guidelines for what is appropriate behavior in society are established by the
Revised Penal Code (RPC). It functions similarly to a guidebook, dictating when an
individual can be prosecuted for violating the law. Under the RPC, there are five
significant circumstances that can influence a person's guilt status.
There are first situations that justify. In certain cases, breaking the law might be
justified because the person was defending himself or another person. For instance,
it might be justified for you to protect yourself if someone attacks you.
Then there are situations where you are exempt. In some cases, someone violates
the law, but since they were ignorant of the consequences or had no other option, they
are not prosecuted. For example, if an individual commits.
CHAPTER 4 Persons Criminally Liable for Felonies
In the legal system, three categories of individuals can be held accountable for a crime,
regardless of how serious it is: principals, accomplices, and accessories. Allow me to
explain it simply.
Principals are the primary players in the criminal plot, to start. They are the ones who
carry out the evil deeds immediately. Consider them to be the show's stars. If a bike
is stolen, for instance, the one stealing the bike is the principal.
We go on to our accomplices. These are the principals' aides or sidekicks. They may
not be the primary culprit, but they are still connected in some way. Perhaps they
served as spies during the bike heist or assisted in its planning. Partners are similar
to accomplices in Regarding "light felonies," the law imposes accountability on specific
individuals. These people are referred to as "accomplices" and "principals." Let's put
it another way.
Suppose you and your companion choose to enter a movie theater covertly and refuse
to pay. Because of your rule-breaking, you are both in trouble. You and your
companion are the primary players in this drama about disobeying the rules, and in
this case, you are the "principals." You both bear equal responsibility because you
both knew what you were doing.
Principals: These are a crime's principal players. As stated in the Revised Penal Code
(RPC) Article 17:
Principal by Direct Participation: Individuals who actively assist in committing the crime.
For instance, a person who actually carries out a murder.
Principal by Induction: People who coerce or influence other people into committing a
criminal act. For example, a person who offers money or persuades someone else to
kill someone. The fundamental idea behind indispensable cooperation is the
involvement of people in a crime that would not have been possible without their
assistance.
The Corpus Delicti Evidence of corpus delicti is required in prosecution of crimes and
felonies. It denotes the real commission received by someone of the specific offense
that is being charged. The fact of the commission is the corpus delicti. Considering the
offense that can be demonstrated by the accounts provided by eyewitnesses. In lawful
sense, it doesn't always allude to the the murdered person's corpse. When used in
reference to a crime, it literally means "the body or substance of the crime." specific
offense, it refers to the actual conduct of the specific offense by an individual. criminal
accusation.
CHAPTER 5 PENALTIES
Penalties are similar to the repercussions that follow rule breaking. These are the
consequences that follow breaking the law. Consider yourself in a game where there
is a penalty for breaking the rules. That's the main purpose of punishments in the
actual world.
In the legal community, fines are typically discussed in relation to what happens to
offenders. Depending on the location and severity of the act, these punishments can
differ significantly. They can be as minor as having to pay a modest fine or as serious
as spending a significant amount of time in jail.
Penalties are essential in the administration of justice because they help maintain
social order and law. A structured framework for classifying penalties according to the
seriousness of the offenses committed is provided by the Revised Penal Code (RPC).
These fines are divided into major and accessory penalties, each of which has a
specific function within the judicial system.
Principal penalties are those that are imposed by the court directly after a defendant
is found guilty of a specific crime. They include a broad spectrum of penalties,
beginning with the harshest—the death sentence, also referred to as the capital
punishment. This last resort is only used for the most horrible offenses, such murder,
where the victim's actions cause another person to die.
In the contFext of criminal law, penalties are more than only fines or jail time. The
Revised Penal Code (RPC) states that accessory penalties serve additional purposes
withiun the legal system in addition to principal punishments. These accessory
penalties, albeit not the primdary punishment for a crime, are crucial to upholding
justice and detcerring similar behavior in the future. The primary or interim complete
disqualification is a significant accessory penalty. This penalty prohibits the
perpmetrator from using certain rights or holding public office, either permanently or
for a predetermined period of time. It preserves the integrity of publicV institutions by
preventing those convicted of particular crimes from occupying positions of trust or
authoritly. Those found guilty of corruption, for instance, could
Probation Law, also referred to as Presidential Decree No. 968, is essentially a second
opportunity for criminals. If they agree to abide by specific guidelines established by
the court, it's a method for them to avoid going to jail. To better comprehend it, let's
dissect it. First, probation is a privilege given by the court rather than a right. The court
determines whether or not.
In the legal system, the Probation Law fulfills a number of crucial functions that are all
directed toward fostering rehabilitation and offering alternatives to jail. In essence,
probation gives those who have committed crimes an opportunity, under specific
restrictions, to avoid going to jail or prison.
Rather than being sent in prison, they are offered the chance to take part in community
service, educational programs, or counseling. The goal of these treatments is to
provide them the resources they need to address the underlying causes of their
criminal behavior, such as substance misuse or mental health problems.
A person who has committed a felony can get a second opportunity through probation.
which allows them to remain in their community as long as they abide by guidelines
established by the court, as an alternative to being immediately sent to jail. Probation,
however, isn't always an option. Let's look at a few of those examples.
First off, probation may not be granted for some very serious offenses. Serious
penalties are frequently imposed for crimes like drug trafficking, murder, and sexual
assault. Judges might not think probation is necessary for these crimes because they
are seen as extremely serious and detrimental to society.
Probation revocation may seem difficult, but it's essentially a second opportunity that
can be revoked if you make a mistake. Let's dissect it.
It occurs when a person who violates the law receives a less severe penalty as
opposed to going to jail. Rather, they must abide by certain guidelines established by
the court. These guidelines may involve things like visiting a probation officer on a
regular basis, abstaining from mischief, finding employment, or attending counseling.
Let's now discuss revocation. At this point, the probation officer's violation of the
regulations is determined by the court. It's akin to a warning: you could get into further
trouble if you don't change.
CHAPTER 7 Act No. 4103 The Indeterminate Sentence Law
Act No. 4103, often known as the Indeterminate Sentence Law, is a unique instrument
within the legal system's arsenal.
Sec. 2. This Act shall not apply to persons convicted of offenses punished with death
penalty or life-imprisonment;
Sec. 3. There is hereby created a Board of Pardons and Parole to be composed of the
Secretary of Justice who shall be its
Sec. 4. The Board of Pardons and Parole is authorized to adopt such rules and
regulations as may be necessary for carrying out its functions and duties.
Sec. 5. It shall be the duty of the Board of Indeterminate Sentence to look into the
physical, mental and moral record of the prisoners who shall be eligible
Act shall, at such times and in such manner as may be required by the conditions of
his parole,
Sec. 7. The Board shall file with the court which passed judgment on the case, and
with the Chief of Constabulary, a certified copy of each order of conditional
Sec. 8. Whenever any prisoner released on parole by virtue of this Act shall, during
the period of surveillance, Sec. 9. Nothing in this Act shall be construed to impair or
interfere with the powers of the Governor-General Sec. 10. Whenever any prisoner
shall be released on parole hereunder,
CHAPTER 8 Extinction of Criminal Liability
Death of the convict: The offender is no longer subject to legal consequences if they
pass away. One of the players had to depart, so it's like the game is over.
Serving out the sentence: When someone commits a crime and is sentenced to a jail
sentence, it's as if the game has ended when they've completed it. They've made
amends and are free to move on.
Amnesty: Let's say the game administrators choose to pardon every participant,
regardless of their actions. Amnesty is the same as pressing the reset button on the
repercussions of breaching the law.
Penalty prescription: Sometimes the punishment for a crime is enough to deter future
crimes, even if the offense itself doesn't. There comes a point at which the
consequences are dropped.
The insulted woman's marriage: This one is a little more particular. Marriage between
the victim of the crime and the offender creates a "peaceful" environment in which the
consequences of the crime are lifted.
The prescription of crime, as used in law, is a provision that states that a person cannot
be punished for a crime after a predetermined period of time. It's like a "Okay, it's been
too long." We are no longer able to pursue them for that."
Special time allowance for loyalty shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence having evaded his preventive
imprisonment or the service of his sentence because of calamities or any disorders
under Art. 158, gives himself up to authorities within 48 hours following the issuance
of a proclamation regarding the passing away of the calamity or catastrophe referred
to in Art. 158.
CHAPTER 9 Civil Liability
citizenly liable for felonies Firstly, let's define felonies major crimes, such as robbery
or murder, that carry a significant jail sentence. Civilly liable refers to the legal concept
of being accountable for any hurt or damage resulting from breaching the law in other
words, if someone commits a criminal and causes harm to another person or their
property, they may be held financially responsible for the damages. For instance, if
someone sneaks into a house and takes valuables, they may be held civilly
accountable for the stolen goods in addition to facing criminal penalties for the burglary.
This implies that they may have to pay.
Injuries that occur but are not considered crimes are referred to as civil injuries. This
typically indicates that the injury was inadvertently perpetrated by the offending party.
It may be something as simple as running into someone on the sidewalk or it could be
something more serious like a vehicle accident in which no one was intentionally
wounded. In these situations, helping the victim of the abuse heal rather than
punishing the offender is the main objective. This can entail covering hospital fees or
other costs related to the injury. Conversely, criminal injuries occur when someone is
harmed as a result of a criminal offense. This indicates that the harm intended to do
so or took action.
A legal doctrine known as subsidiary liability makes an individual liable for the deeds
of another individual or organization. It's similar to when you let a friend use your bike
and they unintentionally cause harm to someone else's property. It was your bike,
therefore even though you weren't the rider, you can still be responsible for the
damage.
Legally speaking, circumstances where one party has control or influence over the
acts of another party give rise to subsidiary liability. Different forms of subsidiary
liability exist, including joint and vicarious culpability.
This is the point at which employers secondary civil liability becomes relevant.
Subsidiary refers to something that follows or is less important than another. Civil
liability is the legal term for having to reimburse another party for losses or injuries
sustained by them. because the accident occurred while you were performing a job
related task, such as delivering pizzas.
CHAPTER 10 Important Terms
ACT- any bodily movement tending to produce some effect in the external world.
MALA IN SE- wrongful from their nature, its members and defined and penalized by
the Revised Penal Code.
INTENT- intent is the purpose to use a particular means to affect such result.
MOTIVE- motive is the moving power which impels one to action result.
FRUSTRATED FELONY- when the offender performs all the acts of execution
GRAVE FELONIES- are those to which the law attaches the capital punishment
LESS GRAVE FELONIES- are those which the law punishes with penalties which
exemption from punishment because there is wanting in the agent of the crime
the crime, do not entirely free the actor from criminal liability but only serve to
to all crimes.
judgment, before beginning to serve such, or while serving the same, shall be
previously served sentence for another offense to which the law attaches an
equal or greater penalty, or for two or more crimes to which it attaches lighter
penalty than that for the new offense and that he is convicted of the new
offense.
transgression of a law.
COMPLEX CRIMES- when a single act constitutes two or more grave or less,
APPEAL- a request to a higher (appellate) court for that court to review and
ASSAULT- a threat or use of force on another that causes that person to have a
commander.
believe that an offense has been committed and that the object sought in
FALSE KEYS- are genuine keys stolen from the owner or any keys other than
those intended by the owner for use in the lock forcibly opened by the offender.
THEFT- theft is committed by any person who, with intent to gain but without
sexual intercourse with a man not her husband and by the man who has carnal
knowledge of her.
the form of immorality which has relation to moral impurity; or that which is
ARREST- A restraint on person, binding him to become obedient to the will of the law
END