Professional Documents
Culture Documents
Criminal Law Review Quiz No. 1
Criminal Law Review Quiz No. 1
The Revised Penal Code provides that: “criminal liability shall be incurred by any
person committing a felony although the wrongful act done be different from that
which he intended. “
Here, Rustom does not have criminal intent against Scott only Robin his father.
However, Rustom would be civilly liable for the natural consequences of his acts
which is the death of the child.
2. The specific ways the Revised Penal Code exhibit due regard to minority of an
accused with respect to the determination of his criminal liability is through the
application of the justifying and exempting circumstances. The age of the
offender must be considered to appreciate the application of the extenuating
circumstances mentioned.
The mere act of Enrique in kidnapping and sending a ransom note to Carla’s
parents would suffice that he is liable for the crime of Kidnapping under the
Revised Penal Code. The law does not provide that a ransom note should be
received by the intended recipient in order for the crime of kidnapping to exist.
Here, the act of A in killing B is not the reasonable necessity to prevent or repel
the unlawful act being committed because the crime of rape already ceased to
exists.
Under the Revised Penal Code, in order for the defense of insanity to be properly
appreciated, the insanity must be proved to exist during the commission of the
crime.
Here, the defense of insanity is not proper because Romeo was sane when he
strangled Dulcenea to death clouded by anger and jealousy. His mental faculties
were not yet affected during the commission of the offense.
b. The effect of the diagnosis of the NCMH will not give substance to the defense
of insanity for the crime committed by Romeo be exempted from criminal liability
as the result of the diagnosis was detected after the commission of the crime.