CRIMINAL JURISPRUDENCE AND PROCEDURE

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Criminal Law book 1

Criminal Law ² refers to the branch of law which defines crimes, treats of it·s nature and provides for each punishment. Maritime Zone ² the three miles limit beyond our shore measured at low tide. Generality ² a characteristic of criminal law stating the penal law must be applied to all persons in a territory regardless of nationality, gender or other personal circumstances. Classical Theory ² this theory advocates that the basis of criminal liability is human freewill. Exempting Circumstance ² refers to a reason which affect criminal liability because there is wanting to accused of any conditions which makes the act negligent or voluntary. It is based on the complete absence of intelligence, freedom of action or intent or in the absence of negligence on the part of the agent of the crime. Conspiracy ² it occurs when to or more persons comes to an agreement to commit a crime and decide to do it. Accomplice ² refers to a person who are not considered as a principal to a crime but participate to a commission of an offense by previous or simultaneous acts. Habitual Offender ² if an offenders always commit an omission of a crime with the same offenses and do it in a habitual way. Ex-post Facto Law ² it makes an act done before the passage of the law a criminal act. Bill of the Attainder ² an act of the congress which inflicts punishment without trial. Positivist Theory ² a theory which advocates basically that crime is a social and natural phenomenon. Deceit ² it exist when crime is committed with deliberate intent. Attempted Felony ² a stage in a crime commission when the offender commences the execution of a felony directly by overt acts and does not perform all acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Formal Crime ² refers to the crimes committed in one instant or by single act and there is no attempt such as slander and false testimony. Light Felony ² felonies which are only punishable when it is consummated with exception of those committed against persons of property. Grave Felony ² refers felonies which the law attaches punishment which are afflictive in nature.

Imputability ² refers to the quality by which an act may be credited to the person as the owner or author. Justifying Circumstances ² those act of a person ware grounds which is considered to be an accordance with the and hence freeing the person from criminal and civil liability. Mitigating Circumstances ² which if are grounds which if present in the commission of a crime serve to reduce the penalty due to lesser perversity of the offender or reduction of either intent, freedom or action of intelligence. Recidivist ² one who at the time of his trial for one crime shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC. Alevosia ² another term of treachery. Aggravating Circumstances ² refers to those circumstances which if the present in the commission of a crime serve to increase the penalty based on the greater perversity of the offender. Principal ² person take direct part in the execution of the crime.

Accessories ² a person although did not participate in the commission of the crime but concealed evidence or profited for It·s fruits. Prescription of the Penalty ² prefers to the lost of forfeiture of the right of the state to execute the fin al sentence after lapse of a certain time. Complex Crime ² it is committed when a single acts constitutes two or more grave or less grave felonies or when the offense is necessary means for committing the other. Qualifying ² they are aggravating circumstances which if present in the commission of a crime, charges the nature of the crime, such as thew use of superior strength which makes the killing of a person murder instead of homicide.

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