Criminal Law 2 Finals

Front 1

Article 246 - Parricide

Back 1

1. A person is killed

2. The deceased is killed by the accused

3. The deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or legitimate other descendant, or legitimate spouse of the accused

Front 2

Article 247 - Death or Physical Injuries Inflicted Under Exceptional Circumstances

Back 2

1. A legally married person or a parent surprises his spouse or his daughter, the latter under 18-yo and living with him, in the act of committing sexual intercourse with another person.

2. He or she kills any or both, of them or inflicts upon both of them any serious physical injury in the act or immediately thereafter.

3. He has not prompted or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse.

Front 3

Article 248 - Murder (Elements)

Back 3

1. A person is killed

2. The accused killed him

3. The killing was attended by any of the qualifying circumstances mentioned in Art 248

4. The killing is not parricide or infanticide

Front 4

Article 249 - Homicide

Back 4

1. A person was killed

2. Accused killed him w/o any justifying circumstance

3. Accused had the intention to kill

4. The killing does not fall w/in the definition of parricide, murder, or infanticide

Front 5

Article 250

Back 5

Penalty For Frustrated, Parricide, Murder, or Homicide

Front 6

Article 251 - Death Caused in a Tumultuous Affray

Back 6

1. There are several persons

2. They did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally

3. These several persons quarrelled and assaulted one another in a confused and tumultuous manner

4. Someone was killed in the caused of the affray

5. It cannot be ascertained who actually killed the deceased

6. The person or persons who inflicted serious physical injuries or who used violence can be identified

Front 7

Article 252 - Physical Injuries Inflicted in a Tumultuous Affray

Back 7

1. There is a tumultuous affray as referred to in the preceding article

2. A participant or some participants thereof suffer serious physical injuries or physical injuries of a serious nature only

3. The person responsible thereof cannot be identified

4. All those who appear to have used violence upon the person of the offended party are known

Front 8

Article 253 - Giving Assistance to Suicide

Back 8

Acts Punished:

1. Assisting another to commit suicide, whether the suicide is consummated or not

2. Lending his assistance to another to commit suicide to the extent of doing the killing himself

Front 9

Article 254 - Discharge of Firearms / Illegal Discharge of Firearms

Back 9

1. Offender discharges a firearm against or at another person

2. Offender has no intention to kill that person

Front 10

Article 255 - Infanticide

Back 10

1. A child was killed

2. The deceased child was less than 3days (72hrs) of age

3. The accused killed the said child

Front 11

Article 256 - Intentional Abortion (Ways of Committing)

Back 11

1. By using any violence upon the person of the pregnant woman

2. By acting, but without using violence, without the consent of the woman (By administering drugs or beverages upon such pregnant woman w/o her consent)

3. By acting (by administering drugs or beverages), w/ the consent of the pregnant woman

Front 12

Article 256 - Intentional Abortion (Elements)

Back 12

1. There is a pregnant woman

2. Violence is exerted, or drugs or beverages be administered, or that the accused otherwise acts upon such pregnant woman

3. As a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the foetus dies, either in the womb or after having been expelled therefrom

4. The abortion is intended

Front 13

Article 257 - Unintentional Abortion

Back 13

1. There is a pregnant woman

2. Violence is used upon such pregnant woman w/o intending an abortion

3. The violence is intentionally exerted

4. As a result of the violence, the foetus dies, either in the womb or after having been expelled therefrom

Front 14

Article 248 - Murder (Qualifying Circumstances)

Back 14

1. Treachery

2. In consideration of a price, reward, or promise

3. By means of

Front 15

Article 258 - Abortion Practiced By The Woman Herself or By Her Parents

Back 15

1. There is a pregnant woman who has suffered an abortion

2. The abortion is intended

3. The abortion is caused by —

a. The pregnant woman herself

b. Any other person with her consent

c. Any of her parent, w/ her consent for the purpose of concealing her dishonor

Front 16

Article 259 - Abortion done by the physician or midwife and Dispensing of Abortives (By the Physician or Midwife)

Back 16

1. There was a pregnant woman who suffered abortion.

2. Offender is, either a physician or midwife, causes or assists in causing the abortion.

3. Abortion is intended

4. The physician or midwife takes advantage of her scientific knowledge or skill.

Front 17

Article 259 - Abortion by the Physician or Midwife and Dispensing of Abortive (Dispensing of Abortive)

Back 17

1. The offender is a pharmacist.

2. There was no prescription from a physician.

3. The dispensing of any abortive.

Front 18

Article 259 - Abortion by the Physician or Midwife and Dispensing of Abortive (Dispensing of Abortive)

Back 18

1. The offender is a pharmacist.

2. There was no prescription from a physician.

3. The dispensing of any abortive.

Front 19

Article 260 - Duel (Persons Liable)

Back 19

1. Combats, as principals

2. Their seconds, as accomplices

Front 20

Article 260 - Duel (Acts Punished)

Back 20

1. Killing of his adversary.

2. Inflicting physical injuries to his adversary.

3. Agreeing to duel.

Front 21

Article 260 - Duel (Elements)

Back 21

1. The offenders came to an agreement to duel.

2. Each combat has two or more seconds.

3. The firearms or deadly weapons were agreed upon by the seconds.

Front 22

Article 261 - Challenging to a Duel (Acts Punished)

Back 22

1. Challenging another to duel.

2. Inciting another to accept the challenge to duel.

3. Scoffing at the person publicly for refusing to accept the challenge to duel

Front 23

Article 261 - Challenging to a Duel (Persons Liable)

Back 23

1. Challenger

2. Instigator

Front 24

Article 262 - Mutilation (Two Kinds)

Back 24

1. Castration

2. Other body parts