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WorksheetsQuiz 01 Prelim Crim Prof 315
Total questions: 15
Worksheet time: 15mins
A theory in Criminal Law which says that man is occasionally subdued by strange social phenomenon that compels him to do wrong.
Utilitarian Theory
Positivist Theory
Classical Theory
Eclectic Theory
Which of the following is not exempt from the application of penal law in Philippine territory?
Consul
Ambassador
Charge d' Affaires
Minister Plenipotentiary
It is the law which provides that members of the official household or retinue of a foreign ambassador to the Philippine enjoy the diplomatic immunity of the foreign ambassador if their names are submitted to the Department of Foreign Affairs and provided further that the country of the foreign ambassador provides reciprocal immunity to the members of the official household or retinue of the Philippine Ambassador.
RA 54
RA 79
RA 74
RA 75
A rule which provides that crimes committed on board a foreign merchant vessel while on the body of water of another country are not triable in the country unless they affect the peace and security of that country.
Korean Rule
German Rule
French Rule
English Rule
It is an act or omission which is a result of misapprehension of facts that is voluntary but not intentional and in good faith.
Culpa
Imprudence
Mistake of Fact
Negligence
Andre shot Bernard but Bernard was not hit. Instead, Clark was hit resulting in his death. Andre is liable for the death of Clark because of the principle of:
Error in Personae
Praeter Intentionem
Aberratio Ichtus
Proximate Cause
The principle in statutory construction that criminal laws are liberally construed in favor of the accused and strictly against the State is:
Best used when the accused argues self-defense.
Not applicable when there are strong pieces of evidence against the accused.
Deeply rooted in the need to protect the constitutional rights of the accused.
Only applicable during the preliminary investigation.
Which is not considered a limitation on the legislative power to enact penal laws?
Excessive fines shall not be imposed.
No law violating the equal protection clause of the constitution shall be enacted.
The death penalty shall not be imposed.
Penalties that impose cruel and unusual punishments shall not be imposed.
All are constitutional rights of the accused, except:
To appeal when there is an erroneous judgment of conviction.
Not to be compelled to be a witness against himself.
Speedy disposition of cases.
To be presumed innocent.
The prospective characteristics of criminal law mandate that:
Penal laws shall have retroactive effect insofar as they favor the person guilty of a felony who is not a habitual criminal.
Criminal laws are binding on all persons who live or sojourn in the Philippines.
Criminal law undertakes to punish crimes committed only within the Philippine territory.
Crimes are punished under the laws in force at the time the same was perpetrated.
Which of the following causes is absolutory?
ignorance of the law
error in personae
impossible crime
mistake of fact
If the court discovered that the accused committed a very wrongful act which is not yet punishable under the law, the court should:
decrease the penalty
refer the matter to the Department of Justice for preliminary investigation
dismiss the case
reprimand and warn the accused
A special penal law may be considered as mala in see when:
a similar offense is punished under the Revised Penal Code
the accused acted with clear criminal intent
it is inherently wrong
it is considered as mala prohibita
The accused has the right to counsel
during inquest
during arraignment
during arraignment and promulgation of judgment
at all stages of the proceedings
Branch of public substantive law which defines crimes treats of their nature and provides for their punishment. it is public law because it deals with the relation of the individual with the State.
(a)
