Criminal Law I power point

Information about Criminal Law I power point

Published on July 21, 2014

Author: bennidicesguerra

Source: authorstream.com

Content

Criminal Law I Fiscal Dumaual: Criminal Law I Fiscal Dumaual Report on Aggravating Circumstances by: BENNIDIC B. ESGUERRA September 19, 3013 Aggravating Circumstances: Aggravating Circumstances Those circumstance that raise the penalty for the crime without exceeding the maximum penalty applicable to that crime. Basis: The greater perversity of the offense as shown by : a) the motivating power behind the act b) the place where the act was committed c) the means and ways used d) the time e) the personal circumstance of the offender f) the personal circumstance of the victim Kinds of Aggravating Circumstances : Kinds of Aggravating Circumstances a) Generic - generally applicable to all crimes b) Specific - apply to specific crimes (ignominy- for chastity crimes; treachery- crimes against person) c) Qualifying - those that change the nature of the crime(evident premeditation- becomes murder) d) Inheren t-necessary accompanies the commission of the crime; it is an element of the crime committed (evident premeditation in theft, estafa) Qualifying compared to Generic: Qualifying compared to Generic Qualifying Aggravating Circumstance Generic Aggravating Circumstance Gives the proper and exclusive name, places the author thereof in such a situation as to deserve no other penalty than that specifically prescribed by law. Can’t be offset by Mitigating Circumstance Must be alleged in the Information. Integral part of the offense. Increase penalty to the maximum, without exceeding limit prescribed by law May be compensated by Mitigating Circumstance Need not be alleged. May be proved over the objection of the defense. Qualifying if not alleged will make it generic. Art. 14 Aggravating Circumstances The Following are aggravating circumstances: Art. 14 Aggravating Circumstances The Following are aggravating circumstances That advantage be taken by the offender of his PUBLIC POSITION. Requisites: a. The offender is a public officer b. The commission of the crime would not have been possible without the powers, resources and influence of the office he holds. 2. That the crime be committed IN CONTEMP OF OR INSULT TO THE PUBLIC AUTHORITIES: 2 . That the crime be committed IN CONTEMP OF OR INSULT TO THE PUBLIC AUTHORITIES Requisites: The offender knows that a public authority is present That the public authority is engaged in the exercise of his functions The public authority is not the victim of the crime The public authority’s presence did not prevent the criminal act 3. That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation.: 3. That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation. I. With insult or in disregard of the respect due to the offended party on the account of his (a) rank, (b)age, (c) sex or.. Requisites of disregard to rank, age, or sex: a. crimes must be against the victim’s person or his h onor b. there is deliberate intent to offend or insult the respect due to the victim’s rank, age or sex 2. That it be committed in the DWELLING of the offended party, if the latter has not given provocation.: 2. That it be committed in the DWELLING of the offended party, if the latter has not given provocation. Elements of the aggravating circumstance of dwelling a. crime occurred in the dwelling of the victim b. no provocation on the part of the victim Requisites for Provocation: ALL MUST CONCUR a. given by the owner of the dwelling b. sufficient c. immediate to the commission of the crime When dwelling may and may not be considered: When dwelling may and may not be considered When it may be considered When it may not be considered Although the offender fired the shot from outside the house, as long as his victim was inside Even if the killing took place outside the dwelling, so long as the commission began inside the dwelling When adultery is committed in the dwelling of the husband, even if it is also the dwelling of the wife, it is still aggravating because she and her paramour committed a grave offense to the head of the house In robbery with violence against persons, robbery with homicide, abduction, or illegal detention If the offended party has given provocation If both offender and the offended party are occupants of the same dwelling In robbery with force upon things, it is inherent End of Par. 1 to 3: End of Par. 1 to 3 Thank you and God Bless! Bennidic B Esguerra

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