The document discusses several topics in criminal law:
1. It defines and distinguishes complex crimes, special complex crimes, and continuing crimes, providing an example of each.
2. It analyzes a scenario where a thief stole multiple cellphones from students, determining it is a continuing crime with only one penalty.
3. It addresses what crime is committed when killing two people with one bullet, determining it is a complex crime with one criminal intent and two resulting felonies.
4. It discusses the effects of a presidential pardon in the Philippines, noting it relieves punishment but only after conviction, and has limitations.
5. It defines life imprisonment and reclusion perpetua, noting
The document discusses several topics in criminal law:
1. It defines and distinguishes complex crimes, special complex crimes, and continuing crimes, providing an example of each.
2. It analyzes a scenario where a thief stole multiple cellphones from students, determining it is a continuing crime with only one penalty.
3. It addresses what crime is committed when killing two people with one bullet, determining it is a complex crime with one criminal intent and two resulting felonies.
4. It discusses the effects of a presidential pardon in the Philippines, noting it relieves punishment but only after conviction, and has limitations.
5. It defines life imprisonment and reclusion perpetua, noting
Original Title
Salcedo, Johnabelle April T. (Crim1 quiz #5)answer
The document discusses several topics in criminal law:
1. It defines and distinguishes complex crimes, special complex crimes, and continuing crimes, providing an example of each.
2. It analyzes a scenario where a thief stole multiple cellphones from students, determining it is a continuing crime with only one penalty.
3. It addresses what crime is committed when killing two people with one bullet, determining it is a complex crime with one criminal intent and two resulting felonies.
4. It discusses the effects of a presidential pardon in the Philippines, noting it relieves punishment but only after conviction, and has limitations.
5. It defines life imprisonment and reclusion perpetua, noting
The document discusses several topics in criminal law:
1. It defines and distinguishes complex crimes, special complex crimes, and continuing crimes, providing an example of each.
2. It analyzes a scenario where a thief stole multiple cellphones from students, determining it is a continuing crime with only one penalty.
3. It addresses what crime is committed when killing two people with one bullet, determining it is a complex crime with one criminal intent and two resulting felonies.
4. It discusses the effects of a presidential pardon in the Philippines, noting it relieves punishment but only after conviction, and has limitations.
5. It defines life imprisonment and reclusion perpetua, noting
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Criminal Law 1
Salcedo, Johnabelle April T.
May 23,2020
1. Define and distinguish the following from each other: a.) complex crime under Article 48 of the RPC; b.) special complex crime, and c.) continuing crime. Give an example of each.
Answer : COMPLEX CRIME strictly speaking is one where the offender has to commit an offense as a means for the commission of another offense. It is said that the offense is committed as a necessary means to commit the other offense. While SPECIAL COMPLEX CRIME are component crimes constituting a single indivisible offense, and are. penalized under one article of the RPC., and CONTINUING CRIME certain crime may be prosecuted and tried not only before the court of the place where it was originally committed or began, but also before the court of the place where the crime was continued.
2. Abe, taking advantage that the students who were having their PE class left their belongings inside the classroom took from the said belongings the 4 cellphones each belonging to W,X,Y and Z. How many crimes of Theft, if any, is committed by Abe?
Answer : Only committed one crime of theft, because there is unity of thought in the criminal purpose of Abe when he take advantage of the students who were having their PE class. It is a Continued crime although there is a series of acts, there is only one crime committed, so only one penalty shall be imposed and not to its maximum.
3. What crime is committed when an offender kills, without the attendance any of the qualifying circumstance, two persons using one shot and the same bullet?
Answer : complex crime, one crime only as there is one criminal intent, though there are different offenders still they constitutes two felonies as a result of a single act.
4. What are the effects of pardon by the Chief Executive? What are its limitations?
Answer : A presidential pardon relieves the offender of all punishments, penalties, and
disabilities that flow directly from the conviction, provided that no rights have vested in a third party as a consequence of the judgment. Depending on the president’s discretion, pardon may be absolute (the grantee is restored to all his political and civil rights without qualification), or conditional (certain conditions have to be met for it to become effective). It can be granted only after conviction by final judgment. Meaning, they have to be found guilty first by a court (either after entering a plea of guilt or undergoing trial) of the crime from which they are to be absolved. 5. Define life imprisonment and reclusion Perpetua.
Answer : A life sentence is typically lasts for one's lifetime. However, an individual may be able to receive a sentence that could potentially allow them to be released at some point. For example, a judge may impose a sentence of 30 years to life with a chance of parole. reclusion Perpetua is a penalty for a crime committed under the RPC, while life imprisonment is a sentence for a crime that falls under a special penal law. LIFE IMPRISONMENT. — THE PENALTY OF LIFE IMPRISONMENT SHALL BE FROM THIRTY YEARS AND ONE DAY TO FORTY YEARS. RECLUSION PERPETUA — THE PENALTY OF RECLUSION PERPETUA SHALL BE FROM TWENTY YEARS AND ONE DAY TO THIRTY YEARS.
