Art.3 Felonies. Definition Flashcards Preview

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1

What is Article 3 of the RPC?

Article 3. Definitions

Acts and omissions punishable by law are felonies

Felonies are committed not only by means of deceit by also by means of fault.

There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill.

2

What are the Elements of Felonies?

ELEMENTS OF FELONIES:
1. There must be an act or omission
2. Punishable by law
3. Incurred by means of deceit or fault

3

Define ACTS

Act:
bodily movement producing some effect in the external world; effect need not be accomplished but possibility thereof only

• must be an actual felony
Ex: act of stealing = theft = felony
• External! Internal acts are beyond penal law
Ex: Imagining a murder

4

Give examples of Felonies by Omission?

FELONIES BY OMISSION:

1. Fails to render assistance to person found wounded or in danger of dying (liable for abandonment)

2. Tax officer intently fails to give receipt (illegal extraction)

3. Owing allegiance to PHP and not giving knowledge about possible conspiracies (treason)

5

What are Acts considered to be intentional Felonies?

INTENTIONAL FELONIES:

Act or omission is MALICIOUS in nature: w/ deliberate intent to injure

6

What are acts that are considered culpable felonies?

CULPABLE FELONIES:

act not malicious, unintentional and as an incident without malice.

Results from imprudence (skill) or negligence (foresight)

7

What are Crimes which cannot be done through imprudence?

Murder, Treason, Robbery, and Malicious Mischief

8

3 REASONS WHY ACT/OMISSION MUST BE VOLUNTARY IN NATURE?

1. RPC continues to be based on Classical theory – basis of liability is human free will

2. Assumed man is rational being and that he wouldn’t do otherwise

3. In dolo – intent = voluntary
In culpa – no intent = imprudence voluntarily = produced injurious results

9

What are the REQUISITES FOR DOLO OR MALICE?

1. FREEDOM – if not free, he is merely a tool. Person acting out of fear or irresistible force exempted from criminal liability.

2. INTELLIGENCE – necessary to determine morality of actions. If none, no crime can exist. The insane or the child cannot be liable for do not know anything.

3. INTENT – to act with malice is presumed to be done intentionally.

10

What is Mistake of FACT?

MISTAKE OF FACT:

misapprehension of fact on part of accused. Not liable, because no criminal intent.

11

Requisites of MISTAKE OF FACT

1. Act done would have been lawful had the facts been as believed so
2. Intention in performing the act was lawful
3. Mistake must be without fault or carelessness

12

Mala In Se and Mala Prohibita

MALA IN SE:
intent governs; acts penalized by RPC

13

MALA IN SE:

By their NATURE, they're WRONGFUL ACTS.
intent governs; acts penalized by RPC
(Theft, Rape, Homicide)

14

MALA PROHIBITA:

Has law been violated?

Intent not required. PROHIBITED by STATUTE.

Refer to special penal laws.

15

What is MOTIVE?

MOTIVE

moving power impelling one to action for a definite result.
• Not necessary for conviction
• Needed only when there is doubt as to identity of the assailant (to identify the killer)
• Proved through evidence or testimonies (not enough to prove conviction though)

16

What is INTENT?

Purpose to use a means to effect such result.

17

What is IMPRUDENCE?

It is the DEFICIENCY in ACTION.

refers to LACK OF SKILL.

Fails to take necessary Precaution

18

What is NEGLIGENCE?

Is is the DEFICIENCY in PERCEPTION.

refers to the LACK OF FORESIGHT.

Fails to pay PROPER ATTENTION

19

Requisites of Fault to be VOLUNTARY:

1. FREEDOM
2. INTELLIGENCE
3. Is IMPRUDENT or NEGLIGENT.

20

Requisites of Deceit (Dolus) MALICE:

1. Freedom
2. Intelligence
3. INTENT

21

How is MOTIVE proved?

1. By the Testimony of witnesses on the acts OR

2. statements of the accused BEFORE or IMMEDIATELY AFTER the commission of the OFFENSE.

3. By evidence.

22

Is PROOF of MOTIVE sufficient to support CONVICTION?

NO. It is no sufficient to prove GUILT if there is no reliable evidence from which it may be reasonably deduced that accused it the malefactor.

23

LACK OF MOTIVE:

May be an AID in showing innocence of the ACCUSED.