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Cruelty — there is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the consummation of the criminal act. Degree — one whole penalty, one entire penalty or one unit of the penalties enumerated in the graduated scales provided for in Art.
Discernment - mental capacity to fully appreciate he consequences of the unlawful act, which is shown by the manner the crime was committed and conduct of the offender after its commission. Disfraz Disguise — resorting to any device to conceal identity.
Dwelling - must be a building or structure exclusively used for rest and comfort combination of house and store not includedmay be temporary as in the case of guests in a house or bedspacers. It includes dependencies, the foot of the staircase and the enclosure under the house.
El que es causa de la causa es causa del mal causado - Spanish maxim which means: En Cuadrilla — Band whenever there are more than 3 armed malefactors that shall have acted together in the commission of an offense.
Entrapment - ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his criminal plan. Error in personae — mistake in identity. What is the legal effect of error in personae? Ex Post Facto Law - An act which when committed was not a crime, cannot be made so by statute without violating the constitutional inhibition as to ex post facto laws.
Felonies — acts and omissions punishable by the Revised Penal Code. Fence — is a person who commits the act of fencing. A fence who receives stolen property as above- provided is not an accessory but a principal in the crime defined in and punished by the Anti-Fencing Law. Fencing — is an act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in any other manner dealing in anything of value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft.
Fraud fraude — insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design. Good conduct allowance during confinement — Deduction for the term of sentence for good behavior.
Habitual Delinquency or Multi-recidivism — Where a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of the said crimes a third time or oftener.
This is an extraordinary aggravating circumstance.
Habitual Delinquent - A person who, within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of any said crimes a third time or oftener.
Ignominy — is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. Imbecile - one while advanced in age has a mental development comparable to that of children between 2 and 7 years old. He is exempt in all cases from criminal liability.
Mere abnormality of the mental faculties will not exclude imputability. Instigation - Instigator practically induces the would-be accused into the commission of the offense and himself becomes a co-principal. Insuperable Clause - some motive, which has lawfully, morally or physically prevented a person to do what the law commands.
Irresistible Force - offender uses violence or physical force to compel another person to commit a crime. Mala In Se - acts or omissions that are inherently evil.CRIMINAL LAW REVIEWER (1) Terrestrial jurisdiction is the jurisdiction exercised over land.
(2) Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters. (3) Aerial jurisdiction is the jurisdiction exercised over the atmosphere.5/5(10).
1. Criminal Law Branch of law which defines crimes, treats of their nature and provides for their punishment General, Territorial and Prospective 2.
Exemptions on the Characteristics Generality – Public International Law, Treaties and laws of preferential applications Territoriality – phil ship or air ship, Philippine currency, acts connected to forging government issued securities, public.
1. A induced B to kill C without giving any pirce, reward or promises. B went to the house of C and then filed a shot at C while C was asleep on the floor.
Focused on examinations of crime and punishment in domestic, transnational, and international contexts, New Criminal Law Review provides timely, innovative commentary and in-depth scholarly analyses on a wide range of criminal law topics.
The journal encourages a variety of methodological and theoretical approaches and is a crucial resource for. Criminal Law Book 1 Reviewer Definition of Terms Abberatio Ictus – mistake in blow. What is the legal effect of aberratio ictus?
a. may result in complex crime or two felonies b. if complex, apply Art. 48 - penalty for the more or most serious.
Nov 06, · Guys, just click the big consolidated crim law reviewer there, then you will be sent to another page. There will be another consolidated crim law reviewer link at .