Pangkalahatang Pananaw sa Batas Kriminal

Sep 16, 2024

Lecture Notes on Criminal Law - Crimes Against Persons

Introduction

  • Welcome to Bicueno B-Coin, a YouTube platform providing free comprehension aligned with the latest specifications.
  • Importance of availing B-Coin book for advanced reading.
  • Board exams are challenging; focus on crucial topics like Criminal Law Book 2.

Criminal Law Book 2

  • Criminal Law Book 2: Contains the most questions in board exams (30 questions from Criminal Law Book 2).

Crimes Against Persons

Parricide

  • Definition: Killing a family member.
  • Essential Element: Blood relationship between victim and suspect.
  • Elements of Parricide:
    • Victim is killed by the accused.
    • Victim is a legitimate or illegitimate family member (father, mother, child, etc.).
    • Child should not be less than 3 days old (else, it's infanticide).

Death or Physical Injuries Under Exceptional Circumstances

  • Legally Married Persons or Parents: May be liable if they kill or inflict serious injuries under certain circumstances (e.g., catching a spouse in adultery).
  • Article 247: Defense mechanism for parricide, homicide, or physical injury; punishment is distiero (banishment).

Murder

  • Definition: Killing with qualifying circumstances.
  • Qualifying Circumstances:
    • Treachery, consideration of price, use of fire or poison, etc.
    • Absence of intention to kill can lead to homicide.

Homicide

  • Definition: Killing without qualifying circumstances of murder.
  • Elements:
    • Accused kills without justifying circumstances.
    • No qualifying circumstances such as treachery.

Death in Tumultuous Affray

  • Definition: Death caused during a commotion involving several people.
  • Key Point: At least four persons involved; specific killer cannot be identified.

Physical Injuries

  • Serious Physical Injury: Incapacity to work for more than 30 days, loss of function, etc.
  • Less Serious Injury: Incapacity for 10 to 30 days.
  • Slight Injury: Incapacity for 1 to 9 days.

Crimes Related to Reproductive Health

Infanticide

  • Definition: Killing of a child less than 3 days old.
  • Key Point: Stranger aiding in infanticide liable for murder penalty.

Abortion

  • Intentional Abortion: Causing abortion through violence, drugs, etc.
  • Unintentional Abortion: Violence without intent to cause abortion leads to fetus death.

Sexual Crimes

Rape

  • Modes:
    • Rape by sexual intercourse (with force, threat, unconsciousness, etc.).
    • Rape through sexual assault (insertion of objects or penis in non-genital openings).
    • Marital Rape (without wife's consent).

Qualified Rape

  • Rape under specific aggravating circumstances (e.g., victim under 18 by a relative, victim has mental disability).

Statutory Rape

  • Key Point: Victim under 16 years of age, regardless of consent.
  • Age of Consent: 16 years old (as per RA 11648).

Anti-Trafficking

Trafficking in Persons

  • Acts: Recruitment, transport for exploitation (prostitution, forced labor, etc.).
  • Penalties: Heavier penalties for involvement of law enforcement or military personnel.

Conclusion

  • Stay prepared for board exams, utilize B-Coin resources, and focus on understanding key concepts in Criminal Law.
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