Criminal Law 1 CONCEPTS OF CRIMINAL !!!

art 365 in the book towards the last CRIMES AGAINST PERSONS
LIABILITY: part of the RPC are about culpa or 1. Murder
Art.4 – RPC, CRIMINAL - Violates a penal law, unintentional crimes (culpable 2. Homicide
LIABILITY offenses – omissions of obeying the 3. Parricide
whether by dolo or
Art.5 – RPC, law/criminal negligence)!!! 4. Ignominy – slander
culpa
A person cannot be criminally liable
without due process, but A person 2 kinds of people who commit !!!most crimes are dolo crimes or CRIMES AGAINST PROPERTY
who is criminally liable, he is criminal liability intentional crimes!!! 1. Arson
deprived of property, he is deprived - Those who commit 2. Theft
of life. Book 2 of the RPC– mostly 3. Robbery
crimes dolo or culpa
intentional crimes
- Those with no intent
Civil liability When you violate a special penal law,
- In performing an act, “Erro in personae” = “result is greater
- Violation of contracts is a special penal a violation to the
there is no law violated that the intent”
- Monetary/compensation RPC?
- Payment of damages Question: “averasio ictus” = MISTAKE IN A special penal law is different from
- even with or without 1. Deprivation of life = Death IDENTITY the penal law, there is no dolo and
written contract, there is penalty
“rater culpa in special penal law.
still an implied 2. Deprivation Property =
contract!!! payment of fine PROXIMATE CAUSE – the near
- Includes moral damage 3. Deprivation pf liberty = cause which in its natural and
imprisonment PT #2
Criminal Liability continuous cause produces the act and
– incurred by any person committing injury. Conspiracy and Proposal
a felony (delito) although the - By committing a felony, an act is - General Rule in Conspiracy and
EFFICIENT INTERVENING
wrongful act done be different from incurred Proposal to commit a felony = They
CAUSE - A person is liable in the
that which he intended. are not punishable
Even if the result intended is different proximate cause, however, in between
- by any person performing an act from the result of the crime, although the persons’ situation. - IN which 4 cases or felonies does
which would be anb offense against the wrongful act done the law provide a penalty for
persons or property, were it not for conspiracy =
- By committing impossible Crime. Scenario #3 – IMPOSSIBLE CRIMES
the inherent impossibility of its
1. Treason = 2 or more are planning
accomplishment or on account of the Under the RPC, a person commits a X tried to kill Y, but Y is already dead
2. Rebellion or insurrection
employment of inadequate or crime by dolo or culpa, a man’s intent X entered a room looking for an 3. coup de’ etat = an illegal
ineffectual means. and malice are the same. umbrella, he stole it, but overthrow of a government,
!!!incurred by any person in the cases unknowingly, it belongs to X 4. Sedition
Scenario #1
mentioned in Art.4!!! - A and B agreed and decided to rise
When Anthony commits a felony, is Raping a deceased person publicly and take arms against the
he responsible for the criminal
Liability – RESPONSIBILITY government with the help of their
responsibility? YES CRIMES BECOME IMPOSSIBLE
(another term) followers. They did not carry out their
WHEN THERE IS:
Scenario#2 plan to overthrow the government.
- When a man commits a 1. Legal impossibility
A person who commits culpa is not What are they liable for?
felony, he commits a 2. Physical impossibility
criminally liable, as well as for the 3. Inherent Impossibility
criminal responsibility. = they are liable for conspiracy to
result. FALSE
commit rebellion
- A and b agreed and decided to rise -Incomplete justifying or exempting -Craft, Fraud, disguise
publicly and take arms against the circumstances -Abuse of superior strength or means
government with the help of their Indications of Conspiracy. -Under 18 or over 70 years old
followers. A, B, and their followers When the defendants by their acts -No intention to commit a grave so 5.Alternative
did actually rise publicly and take aimed at the same object, one wrong - Relationship
arms. performing one part and the other -Sufficient Threat or Provocation - Intoxication
performing another part so as to -Vindication of a grave offense - Degree of Instructions and
= they are liable for rebellion -Passion or Obfuscation Education of the Offender
complete it, with a view to the
-a conspiracy exists when 2 or more attainment of the same objects, and -Voluntary Surrender and Confession
come to an agreement concerning the their acts, though apparently of Guilt
commission of a felony and decided independent, were in fact concerted -Physical defect
to commit it. and cooperative, indicating closeness -Illness of the offender
of personal association. -Similar or Analogous circumstances
-If they commit the such, they are
held liable for it. Introduction to circumstances 4.Aggravating Circumstances
affecting criminal liability
Elements of conspiracy -Concept of A.C.
1. Justifying Circumstances -Basis
1. Two or more persons came to an
-concept of justifying circumstance -Kinds
agreement
-self defense -Generic aggravating
2. the agreement concerned the
-defense of relatives -Qualifying aggravating
commission of the felony
-defense of strangers -Taking advantage of public position
3. the execution of the felony was
-avoidance of greater evil or injury -Contempt or insult to public
decided upon
-fulfillment of duty/exercise of right authorities
of office -Disregard of rank, sex, age, and
CONSPIRACY as a felony
-Obedience to an order off a superior dwelling
distinguished conspiracy as a manner
-Battered woman syndrome -Abuse of confidence or obvious
of incurring criminal liability when
ungratefulness
the conspiracy relates to a crime
2. Exempting Circumstances -Palace and places of commission of
actually committed, it is not a felony
-Concept of Exempting the offense
but only a manner of incurring
Circumstances -Nighttime, uninhabited place or by a
criminal liability, that is, when there
-Imbecility band
is conspiracy, the act of one is the act
-Insanity -On occasion of conflagration,
of all.
-Minority shipwreck, earthquake, epidemic, or
Express Conspiracy is the first form -Accident other calamity misfortune
which requires the proof of an actual -Compulsion of irresistible fear -Aid of armed men
agreement among all the co- -recidivism
conspirators to commit the crime. 3. Mitigating Circumstances -reiteration
Conspiracies are not always shown to - Concept of Mitigating -In consideration of a price, reward,
have been expressly agreed upon. Circumstances or promise
Thus, we have the 2nd form. Implied -basis -By means of inundation, fire,
conspiracy. -ordinary mitigating circumstances explosion etc.
-Privilege mitigating circumstances -Evident Premeditation