MIDWIFE AND CRIMES

DEAN REYNALDO M. ADDUCUL

 CRIMINAL LAW

BRANCH of LAW that defines crimes, treats of their

nature and provides their punishment.

A midwife should remember that ignorance of the law

excuses no one.
Violators of the law cannot escape punishment even on the
grounds of ignorance
Circumstance affecting criminal liability

JUSTIFYING CIRCUMSTANCES

Are those various circumstances where the act

of the person is said to be in accordance with
the law, so that said to be in accordance with
the law, so that such person is deemed not to
have transgressed the law and is free from
both criminal and civil liability.
 ANYONE WHO ACTS IN DEFENSE OF HIS PERSON
OR RIGHTS, PROVIDED THAT THE FOLLOWING
CIRCUMSTANCE CONCUR;

Unlawful aggression

Reasonable necessity of the means employed to prevent or repel such

agression

Lack of sufficient provocation on the part of the person defending himself.

Anyone who acts in defense of the rights
of persons or stranger

Anyone who acts in defense of relatives

Any person who acts in the fulfilment of

duty or in the lawful exercise of a right
Any person who acts in obedience to
order issued by a superior for some
lawful purposes.
 Exempting Circumstances

Are those grounds for exemption

from punishment because of the
complete absence of intelligence
or freedom of action on the part
of the accused
 An imbecile or insane
A person who is nine years old and below
A person over nine years of age and under fifteen unless
he has acted with discernment
Any person while performing a lawful act with due care,
causes an injury by mere accident without fault or intention
of causing it
Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury
Any person who fails to perform an act required by law
when prevented by some lawful or insuperable
 MITIGATING CIRCUMSTANCES

Are those do not constitute justification or

excuse of the offense in question but which
in fairness and mercy maybe considered as
extenuating or reducing moral culpability.

This only reduces the liability of the

offender but do not change the nature of
the crime.
That the offender is under 18 years old or over 70 years
That the offender had no intention to commit so grave a
wrong as that committed
That sufficient provocation or threat on the part of the
offended party immediately preceded the act
The offender is deaf, dumb and blind
That the offender voluntarily surrendered
AGGRAVATING CIRCUMSTANCES

Are those attending to the commission

of a crime which increases the criminal
liability of the offender or make his guilt
more severe.

That the advantage be taken by the

offender of his public position
 That the crime was committed in contempt or insult to the
public authorities
That the act was committed with abuse of confidence
That the crime was committed in the nighttime or inhabited place
That the crime be committed in consideration of a price or
reward or promise
That the crime be committed in consideration by means of
inundation, fire, explosion
That the crime be committed in with evident premeditation
 CRIME VS. FELONY

Crime is an act or omission punishable

by law

Felony is an act punishable by the

Revised Penal Code
CRIMES AGAINST
PERSONS
 PARRICIDE

Any person who shall kill his father,

mother, or child , whether legitimate
or illegitimate, or any of his
ascendants, descendants, or his
spouse , shall be guilty of parricide
 MURDER

Any person who not falling within the

provisions of Article 246 shall kill another
shall be guilty of murder and shall ne
punished by reclusion temporal in its
maximum period to death
CRIMES AGAINST
CHASTITY
 Adultery

Committed by any married woman

who have carnal knowledge of her
knowing her to be married, even if
the marriage be subsequently
declared void
 Concubinage

Any husband who keeps a mistress in the

conjugal dwelling, or shall have carnal
knowledge , under scandalous
circumstances, with a woman not his
wife, or cohabit with her in any other
place.
 Rape
Committed by having carnal knowledge of a woman
under any of the following circumstances:

Using force or intimidation

The woman is deprived of a reason or otherwise
unconscious
The woman is under 12 years old
 Seduction

Simple seduction
Qualified seduction
 Abduction

The kidnapping of a woman by

removing her from home, or from
whatever place she may be
 Forcible abduction
Consented abduction
CRIMES AGAINST CIVIL
STATUS
 Simulation of birth

Any person who conceals or

abandons any legitimate child
with intent to cause such
child to lose its civil status
Usurpation of civil status
 Acts of lasciviousness

By any person who commits any act

of lasciviousness upon other
persons of either sex.