Art.4 Criminal Liability Flashcards Preview

Criminal Law 1 > Art.4 Criminal Liability > Flashcards

Flashcards in Art.4 Criminal Liability Deck (12)
Loading flashcards...
1

It is NOT a PROXIMATE CAUSE if…?

  1. Active Force intervenes the felony and the injury (absolutely FOEREIGN)
  2. Resulting injury results from the intentional of the victim.

example:

  • Weak physical condition
  • Nervousness or temperament of victim
  • Causes inherent to victim like:
  1. Not knowing how to swim
  2. Victim addicted to tuba drinking
  • Neglect of victim or 3rd person
  • Unskillful medical treatment

2

What are INADEQUATE MEANS?

Would have killed the person, if only it was done more (RIGHT METHOD but not enough of it)

Ex: A tried to poison B, but uses only small amount of poison, therefore failing.

3

What is PHYSICAL IMPOSSIBILITY?

  • Extraneous circumstances unknown to the actor prevent the consummation of the crime.

Ex: killing an unknowingly dead person

Ex: stealing from empty pockets

Ex. using a match to commit arson in an attempt to set fire to an igloo

 

4

What are the CONSEQUENCES OF INTENTIONAL FELONY?

  1. Accused is responsible for ALL POSSIBLE consequences if felony is intentional (malicious)
  2. Consequences, whether intended or not, are liable to the accused in performance of intentional felony.

5

What are INEFFECTUAL MEANS?

Would have killed the person had you planned better (WRONG METHOD)

Ex: Using sugar accidentally as poison.

Ex: Shooting blanks or small Cal. bullets

Ex. Using fertilizer as explosives without properly mxing chemicals?

Ex: Trying to cut the break line of car of victim to kill him but cuts freon line instead?

6

What is Article 4 of the Revised Penal Code?

Criminal Liability. - Criminal liability is incurred:

  1. By any person committing a felony although the result of which be different from the which he intended.
  2. By and person performing an ACT which would be an offense against PERSONS or PROPERTY where it not for the inherent impossibility of its accomplishment or on account of the employment of INADEQUATE or INEFFECTUAL means.

7

What are the possible CAUSES which may produce something DIFFERENT from that which is INTENDED?

1. Mistake in the identity

Ex: Wanted to hit A in darkness, but was B pala.

2. Mistake in the blow

Ex: Wanted to hit A, but lack of precision hit B.

3. Act exceeds the intent – injury is greater

Ex: Wanted to hit A, ended up falling to ground, hitting head, and dying.

8

Must IMPOSSIBLE CRIMES be punished?

YES, It must also be punished since accused can be a potential criminal and is a danger to the public and society.

9

What are the requisites of an IMPOSSIBLE Crime?

1. Performed against persons or property

WAS not accomplished; just intended.

  • Must be felony against PERSONS and PROPERTY only; if not, no impossible crime

2. Act done with evil intent

3. Accomplishment is inherently impossible or means employed inadequate

4. Act does not violate of another RPC provision

10

What is LEGAL IMPOSSIBILITY?

  • Intended acts, even if completed, cannot amount to a crime.

Ex: Cannot be convicted murdering a dead body as murder involves killing a person who is alive

Ex: Stealing, not knowing, back your watch, as theft involves stealing another ones property

 

11

REQUISITES of the 1st provision of Article 4 "By any person committing a felony although the wrongful act done be different from that which he intended."

1. INTENTIONAL FELONY

2. Wrong done be the DIRECT, NATURAL, AND LOGICAL CONSEQUENCE

12

What is PROXIMATE CAUSE?

in natural/continuous sequence unbroken by intervention, produces the injury and without which the result wouldn’t have happened.

Natural – occurrence in ordinary course of human life or events

Logical – rational connection between act and injury *Cause and Effect important!