Elements of Criminal Law: Intent, Fault, and Overt Acts, Lecture notes of Criminal Law

Download Elements of Criminal Law: Intent, Fault, and Overt Acts and more Lecture notes Criminal Law in PDF only on Docsity! CRIMINAL LAW 1 | Atty. Jan Michael Lorenzo | @maebecher FELONIES | Article 3, Revised Penal Code DEFINITION OF TERMS • CRIMES - An act or omission contrary to laws established for the welfare of the public at large, for which the law provides a punishment. (Webster’s Legal Dictionary). A crime is the generic term used to refer to a wrongdoing punished either under the Revised Penal Code or under a Special Penal Law. • FELONIES - Acts and omission punishable by the law (Revised Penal Code) Par. 1, Art. 3, RPC. It is committed not only by means of deceit (dolo) but also by means of fault (culpa). Par. 2, Art 3, RPC. • OFFENSES - Acts of omission punished under a Special Penal Law. • DECEIT - There is deceit when the act is performed with deliberate intent. (Par 3, Art 3, RPC. • FAULT – there is fault when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill. (par 3, Art 3, RPC) • OVERT ACTS – these are some physical activity or deed, indicating the intention to commit a particular crime, more than mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense. • OMISSIONS – as contemplated in criminal law means inaction. These means failure to perform a positive duty which one is bound. There must be a law requiring the doing or performance of a duty. DOLO CULPA Act is malicious Act is not malicious With Deliberate intent Without deliberate intent, injury caused is unintentional Has intention to cause a wrong Wrongful act results from imprudence, negligence, lack of foresight or lack of skill Elements of Felonies 1. There must be an act or omission 2. The act or omission must be punishable by the Revised Penal Code 3. The act is performed or the omission incurred by means of dolo or culpa. PP v. Gonzales, GR 80762 (March 19, 1990) INTENTIONAL FELONIES (Dolo) – the act or omission is committed with criminal intent (maliciously). The offender, is performing the act or in incurring the omission has the intention to cause an injury to another. Offender must have the following while doing an act or omitting to do an act in order to be considered to have been performed or incurred with deliberate intent. 1. Freedom – refers to the voluntariness on the part of the person to commit the act or omission 2. Intelligence – refers to the capacity to know and understand the consequences of one’s act. 3. Intent – refers to the mental state to commit a crime with malice. NEGLIGENT FELONIES (Culpa) – the act or omission is the result of imprudence, negligence, lack of foresight or lack of skill and not malicious. The injury caused by the offender to another person is unintentional, it being simply the incident of another act performed without malice. Offender must have the following while doing an act or omitting to do an act in order to be considered that it is committed by means of fault or culpa. 1. Freedom – refers to the voluntariness on the part of the person to commit the act or omission 2. Intelligence – refers to the capacity to know and understand the consequences of one’s act. 3. Imprudent or Negligence – refers to the lack of skill or lack of foresight which led crime Imprudence – indicates a deficiency of action, usually involves lack of skill. When a person fails to take the necessary precaution to avoid injury to person or damage to property. Negligence – indicates a deficiency of perception, usually involves lack of foresight. When a person fails to pay proper attention and to use due diligence in foreseeing the injury or damage impending to be caused. CRIMINAL LAW 1 | Atty. Jan Michael Lorenzo | @maebecher INTENT 1. General Intent – this is the intent referred to in intentional Felonies which is generally present 2. Special Intent – this intent is present in some particular intentional felonies. Such as: a) Intent to gain b) Intent to kill c) Intent of lewd designs Culpable Felonies (Culpa) First view – Culpa under Article 3 of the Revised Penal Code is not a crime but just a mode of committing a crime. Hence, a single reckless act my result to different crimes. Second view – Reckless imprudence under Article 365 of the RPC is a single quasi-offense by itself and not merely to commit other crimes. So one single careless act, whether the injuries result should affect one or several persons, the offence criminal negligence remains one and the same, and cannot be split into different crimes and prosecutions. Ivler v Modesto, GR 172716 (Nov 17, 2010) Mala In Se – literally means wrong or evil in itself. It is a Latin phrase used in law to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. Being a crime mala in se, there must thus be a concurrence of both actus reus and mens rea to constitute the crime. 1. Actus retus – pertains to the external or overt acts or omissions included in a crime’s definition. 2. Mens rea – refers to the accused’s guilt state of mind or criminal intent accompanying the actus. Mala Prohibita – literal translation means wrong as or because prohibited. It is a Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute. Mala In Se Mala Prohibita There must be a criminal intent Sufficient that the prohibited act was done Wrong, by its very nature Wrong merely because prohibited by statute. (a) Good faith (b) Lack of criminal intent (a) Good faith; or (b) Lack of criminal intent, are not material and are not valid defenses (c) Lack of negligence are material and are valid defenses Generally punished under the Revised Penal Code Generally, involves violation of Special Penal Laws Mitigating and aggravating circumstances are appreciated in imposing the penalties Such circumstances are not appreciated unless the special law has adopted the scheme or scale of penalties under the Revised Penal Code Section (5)I and Section 5(e) of RA 9262 are mala in se Sections 5(i) and 5(e) of RA 9262 are mala in se, not mala prohibita, even though RA 9262 is a special penal law. The acts punished therein are inherently wrong or depraves, and the language used under the said penal law requires a mental element. Being a crime mala in se, there must thus be a concurrence of both “actus reus” and “mens rea” to constitute the crime. “Actus reus” pertains to the external or overt acts or omissions included in a crime’s definition while “Mens Rea” refers to the accused’s guilty state of mind or criminal intent accompanying the “Actus Reus”. Mistake of Fact Ignorantia legis non excusat – ignorance of the law exucses no one from compliance therewith Ignorantia facti excusat – ignorance or mistake of fact relieves the accused from criminal liability Mistake of Fact - This is the misapprehension of facts on the part of the person who caused injury to another. He is not, however, criminally liable, because he did not act with criminal intent. It is necessary that had the facts been true as the accused believed them to be, the act is justified. Moreover, the offender must believe that he is performing a lawful act. Requisites of Mistake of Fact 1. That the act done would have been lawful had the facts been as the accused believed them to be 2. That the intention of the accused in performing the act is lawful 3. That the mistake must be without fault or carelessness on the part of the accused.