Part 4 d Exempting Circumstances

26問 • 1年前

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______ one who is old but has a mental development similar to children between the age 2-7 years

imbecility

______ - one which exists when there is a complete deprivation of intelligence in committing the criminal act, that is the accused is deprived of reason and acts without the least discernment.

insanity

The insane is not so exempt if it can be shown that he acted during ______

lucid interval

During lucid interval, the insane acts with _______.

intelligence

Who has the burden to prove insanity? ______

defense

When a person was insane at the time of the commission of the felony,

he is exempt from criminal liability.

When he was sane at the time of the commission of the crime, but he becomes insane at the time of the trial, he is ______ criminally.

liable

A child 15 years of age or under is _____ from criminal liability.

Exempt

Minority - under 15 1day below 18 acted discernment

not exempted

A child above 15 but below 18 is exempt from criminal liability unless he/she acts with discernment. ?

Yes

A child above 15 years but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted _______

with discernment

Sa accident mayroon bang intent ?

Wala

Mayroon kabang civil liability kapag accident ?

Mayroon

Irresistible force -That the compulsion is by means of ________

physical force

Sino ang peding maging liable sa irresistable force ?

any person

it appears that Baculi, one of the accused who was not member of the band which murdered some American schoolteachers, was in a plantation gathering bananas. Upon hearing the shooting, he ran. However, Baculi was seen by the leaders of the band who called him, and striking him with the butts of their guns, they compelled him to bury the bodies. He was liable ?

A, a notorious robber, threatened B with death if he did not assist him in robbing the rich man’s house. If B acts as a lookout for A out of fear, he can properly invoke ?

Yes

Consider a scenario where an individual is in a crowded place and suddenly hears gunshots. In a state of uncontrollable fear, they might run into a store, causing chaos and inadvertently injuring others while trying to escape. If charged with a crime related to that incident can invoke uncontrollable fear?

Yes

But if A had threatened to burn the house of B should the latter not kill his (B's) father, and B killed his father for fear that A might burn his (B's) house, B is exempt from criminal liability ?

Sa insuperable cause at hindi sumunod ang police officer sa light felonies na madala niya sa loob ng 12 hrs dahil sa bagyo hindi niya nasunod liable ba ?

Hindi

Sa lawful or i superable cause nag failed ka hindi mo nasunod ?

________ is like Exempting Circumstances.

absolutory cause

Mayroon ba intent originally sa instigation ?

wala

Liable ba kung nakagawa ng crimen sa instigation ?

Hindi

Liberato Exaltacion and Buenaventura Tanchinco were compelled under fear of death to swear allegiance to the Katipunan whose purpose was to overthrow the government by force of arms.

uncontrollable fear

That an act is required by law to be done. That a person fails to perform such an act. That his failure to perform such act was due to some __________

lawful or insuperable cause

Lea set A

Christian Jay Santos · 53問 · 3年前

Lea set A