crim law

33問 • 11ヶ月前

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a breach of allegiance to a government, committed by a person who owes allegiance to it.

treason

It is the obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive.

allegiance

Treason cannot be committed in times of peace because there are no traitors until war has started.

true

There is ___ when a citizen intellectually or emotionally favors the enemies and harbors sympathies or convictions disloyal to his country’s policy or interest. Adherence alone without aid and comfort does not constitute treason, but such adherence may be inferred from the acts committed by a person.

adherance to enemies

It means overt acts which strengthens or tends to strengthen the enemy of the government in the conduct of war against the government or an act which weakens or tends to weaken the power of the government to resist or to attach the enemies of the government.

aid and comfort

It is a rule which requires the testimony of at least two witnesses to prove the overt act of giving aid or comfort.

two witness rule

It means confession of guilt in an open court; that is, before the judge while actually hearing the case. Extrajudicial confession or confession made before the investigators is not sufficient to convict a person of treason.

confession

it is and offense that the offender who is not a foreigner must be owing allegiance to the Government and That he has knowledge of any conspiracy to commit treason against the Government and he conceals or does not disclose or make known the same as soon as possible to the Governor or Fiscal of the province or Mayor or Fiscal of the city in which he resides

misprision of treason

the offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation.

espionage

is a condition of a nation that, in times of war, takes no part in the dispute but continues peaceful dealings with the belligerents.

neutrality

It is any kind of forcible or coercive measure whereby one State seeks to exercise a deterrent effect or to obtain redress or satisfaction, directly or indirectly, for consequences of the illegal acts of another State which has refused to make amends for such illegal conduct.

reprisal

Is a communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relation.

correspondence

It is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi (intent to steal) and in the spirit and intention of universal hostility.

piracy

When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another

escaping prisoner

It means the filing of correct information or complaint with the proper judicial authorities. It does not mean physical delivery or turnover of arrested person to the court.

delivery

It refers to the courts of justice or judges of said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense

proper judicial authorities

Those that are directly aimed against the political order, as well as such common crimes as may be committed to achieve a political purpose. The decisive factor is the intent or motive.

political crimes

is a crime of the masses. It requires a multitude of people. It is a vast movement of men and a complex network of intrigues and plots.

rebellion

Offender is a person or persons belonging to the military or police or holding any public office or employment; There be a swift attack accompanied by violence, intimidation, threat, strategy or stealth; The purpose of the attack is seize or diminish State power; and The attack is directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power.

coup d’etat

The purpose of the offenders in rising publicly is merely to create commotion and disturbance by way of protest to express their dissent and disobedience to the government or to the authorities concerned

sedition

Is resorted to for the purpose of settling a dispute or redressing a grieviance without going to war

reprisal

It is a crime not against any particular state but against all mankind

piracy

It is an offense where the offenders are members of the complement or the passengers of the vessel they commit attacking from the inside agains the authority of the commander of the ship and intent to gain is immaterial

mutiny

when an offense has in fact been committed, and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it

hot pursuit

It is a medley of discordant voices, a mock of serenade or discordant noises made kn kettles, tins, horns, etc.. designed to annoy and insult

charivari

Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition;

direct assault

Without public uprising, by attacking, by employing force or by seriously intimidating or by seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on the occasion of such performance

direct assault

An agent of a person in authority is the victim of any of the forms of direct assault. a person comes to the aid of such authority; and that the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent

indirect assault

are those directly vested with jurisdiction, whether as an individual or as a member of some court or government corporation, board, or commission.

person in authority

Any person who by direct provision of law or by election or by appointment by competent authority i

agent of persons in authority

Offense where the offender was already convicted by final judgment of one offense; and That he committed a new felony before beginning to serve such sentence or while serving the same.

quasi recidivism

In times of war; Two or more persons come to an agreement to Levy war against the government, or Adhere to enemies and to give them aid or comfortand They decide to commit it.

conspiracy to commit treason

In times of war A person who has decided to levy war against the government, or to adhere to the enemies and give them aid and comfort and Proposes its execution to some other person or persons

proposal to commit treason

NON-INSTI

jordi · 40問 · 1年前

NON-INSTI