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level: CRIMINAL LIABILITY 2

Questions and Answers List

level questions: CRIMINAL LIABILITY 2

Question	Answer
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:factors that tend to lessen the severity of a crime or its punishment by making the defendant's conduct understandable or less blameworthy	Mitigating Circumstances
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:include a defendant's young age, mental illness or addiction, or minor role in the crime	Mitigating Circumstances
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:factors that increase the severity or culpability of a criminal act the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal.	Aggravating Circumstances
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:Examples: age of the perpetrator, threats, use of weapons, etc.	Aggravating Circumstances
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.	Aggravating Circumstances
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:Ex. Relationship, education or degree of instruction, intoxication	Aggravating Circumstances
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.	Aggravating Circumstances
CRIMES AGAINST PUBLIC INTEREST: Counterfeiting or imitating any handwriting, signature, or rubric	FALSIFICATION OF DOCUMENTS
FALSIFICATION OF DOCUMENTS: Causing it to appear that persons have _____in any ____when they did not in fact participated	participated; act or proceedings
FALSIFICATION OF DOCUMENTS: Attributing to person who have participated in an act or proceeding statements other than those in fact made by them Making ____ in a narration of facts	untruthful statements
CRIMES AGAINST PUBLIC INTEREST: Altering true dates	FALSIFICATION OF DOCUMENTS
FALSIFICATION OF DOCUMENTS: Making any _____ in a genuine document which changes its meaning	alteration or intercalation
FALSIFICATION OF DOCUMENTS: Issuing in an authenticated form a document purporting to be a ___ of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original	copy
FALSIFICATION OF DOCUMENTS: ___ instrument or note relative to the issuance thereof in a protocol, registry, or official book	Intercalating
CRIMES AGAINST PUBLIC INTEREST: the crime is committed by, among others, any physician (including dentist) or surgeon who, in connection, with the practice of his profession, who shall issue a false certificate	FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERITS OR SERVICE
CRIMES AGAINST PUBLIC INTEREST: the crime is committed by, among others, any physician (including dentist) or surgeon who, in connection, with the practice of his profession, who shall issue a false certificate	USING FALSE CERTIFICATES
CRIMES AGAINST PERSONS: killing of a mother or father by a child, or killing of a child by a parent; penalty, life imprisonment	PARRICIDE
CRIMES AGAINST PERSONS: killing another person, not a father/mother or child; there is intention to kill and attendance of aggravating circumstance	MURDER
CRIMES AGAINST PERSONS: the crime is committed by any person who shall kill another without the attendance of any of the circumstances enumerated in the crime of murder	HOMICIDE
CRIMES AGAINST PERSONS: the crime is committed by any person who shall kill any child less than three days (72 hours) of age; but if a parent is the killer, it will fall under parricide	INFANTICIDE
CRIMES AGAINST PERSONS: knowing that the woman is pregnant	INTENTIONAL ABORTION
CRIMES AGAINST PERSONS: without knowing that the woman is pregnant	UNINTENTIONAL ABORTION
CRIMES AGAINST PERSONS: the purpose of concealing her dishonor; if pregnant women does not intend to abort, then parents want to abort, pregnant woman is not liable, only the parents	ABORTION PRACTICE BY THE WOMAN HERSELF OR BY HER PARENTS
CRIMES AGAINST PERSONS: the abortion is intended; falls into intentional abortion	ABORTION PRACTICE BY A PHYSICIAN OR MIDWIFE
CRIMES AGAINST PERSONS: a pharmacist, dispenses any abortive substance without proper prescription from a physician	DISPENSING OF ABORTIVES
CRIMES AGAINST PERSONS(PHYSICAL INJURIES):victim has incapacity for more than 30 days or needs attendance for the same period	Serious
CRIMES AGAINST PERSONS(PHYSICAL INJURIES):victim cannot work for 10 to 30 days	Less Serious
CRIMES AGAINST PERSONS(PHYSICAL INJURIES):victim cannot work for 1 to 9 days	Slight
CRIMES AGAINST PERSONS:causing injury to another person i.e., poisoning a drink	ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES
CRIMES AGAINST PERSONS: sexual assault, penetration to any orifice using genitalia or any instrument, committed by either a man or a woman, to a man or a woman	RAPE
CRIMES AGAINST PERSONS(RAPE):Even if there is consent, if person involved in sexual activity is under ___ years old, it is still considered as rape	12
CRIMES AGAINST PERSONS:Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place	ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM
CRIMES AGAINST PROPERTY:unlawful taking of personal property belonging to another with intent to gain, using violence against or intimidation of any person/s or force used upon things	ROBBERY
CRIMES AGAINST PROPERTY:taking of personal property of another with intent to gain but without violence against or intimidation, without the latter’s consent	THEFT
EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION (elements):That the offender has ___ to ___another	intent; defraud
EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION (elements):The offender compels him to ____ any public instrument or document That the compulsion is by means of _____	sign, execute, or deliver; violence or intimidation
an attitude of sexual responsibility resulting in concern and respect for the sexual partner, treating him/her as an individual in his/her own right	Chastity
CRIMES AGAINST CHASTITY: committed by a woman who is aware that a man has a wife and still continues relationship	ADULTERY
CRIMES AGAINST CHASTITY:committed by a man who is aware that a man has a husband and still continues relationship	CONCUBINAGE
CRIMES AGAINST CHASTITY: gratification of own sexual desires with lewd design committed to another man or woman done by a man or a woman, or to him/herself; ex. Touching or showing genitalia in public, etc.	ACT OF LASCIVIOUSNESS
CRIMES AGAINST CHASTITY: committed by any person who, having authority, influence, or moral ascendancy over another in a work or training or education environment, demands, requests, or otherwise requires any sexual favor from the other, regardless of whether the demand, request, or requirement for submission is accepted by the other of said act	SEXUAL HARRASMENT
CRIMES AGAINST THE CIVIL STATUS OF PERSONS:The crime is committed by, among others, any physician or surgeon or public officer who, in violation of the duties of his profession or office shall cooperate in simulation of births, substitution of one child for another	SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATED CHILD
CRIMES AGAINST THE CIVIL STATUS OF PERSONS:the crime is committed by any person who shall usurp the civil status of another, for the purpose of defrauding the offended party or his heirs; denies the rights of a legitimate child to his/her parents	USURPATION OF CIVIL STATUS
falsifying the name of a mother giving birth to falsify the civil status of the child	Simulation of births
Cooperate with any person who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil status	Substitution of one child for another
"CRIMES AGAINST HONOR:•	A public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance, tending to cause dishonor, discredit, to blacken memory of dead"
CRIMES AGAINST HONOR:Written	LIBEL
CRIMES AGAINST HONOR:Oral/verbal	SLANDER
CRIMES AGAINST HONOR:Where the defamation is not committed by means of writing, printing, lithography, engraving, radio, photograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means	SLANDER
CRIMES AGAINST HONOR:Defamation through television	LIBEL
CRIMES AGAINST HONOR:those uttered in gathering through a microphone	SLANDER
QUASI-OFFENSES: if a person shows lack of precaution in those cases in which the damage about to be caused is not immediate or in which the impending danger is not evident or manifest	SIMPLE NEGLIGENCE OR SIMPLE IMPRUDENCE
QUASI-OFFENSES: if a person does an act or fails to do an act, voluntarily but without malice, from which act or omission a material damage results because of his/her inexcusable lack of precaution, taking into consideration his/her employment or occupation, degree of intelligence, physical condition, and other circumstances regarding person, time, and place	RECKLESS NEGLIGENCE OR RECKLESS IMPRUDENCE
one who, at the time of his trial for a crime of theft, have been previously convicted by final judgment of the same offense or have been in and out from jail for same offense	Recidivist
AGGRAVATING CIRCUMSTANCES:ito yung mga nagnanakaw na katulog syempre yung katulog alam na alam lahat ng sulok ng bahay mo. Pero ninakawan ka, kinuha yung most valuable mo na you have been keeping pero inallow mo yung katulong to have access kasi nag trust ka. That trust will serve as aggravating circumstances	Abuse of confidence or obvious ungratefulness
AGGRAVATING CIRCUMSTANCES:yung laging nakakasuhan ng theft or robbery or in a year labas pasok sa kulungan the same offenses. If you are a residibist it will serve as aggravating circumstances	Recidivist
AGGRAVATING CIRCUMSTANCES:katrahiduran, pumatay ka plinano mo talaga. You do crime in a way the victim will have no opportunity to defend himself	treachery
AGGRAVATING CIRCUMSTANCES:like pinatay mo na nga inalis mo pa mata, tenga tapos nilagay mo sa ibang lugar. Cruelty, gawain ng addict	Ignominy
AGGRAVATING CIRCUMSTANCES:yung mga naghohold up along the highway na walang tao, bahay walang makakatulong tapos may armas, baril	robbery in band