Crimes and Penalties

CRIMES AGAINST PERSONS

CRIMES AGAINST PERSONS

A. Introduction:They are classified into three general categories:


1. Destruction of Life
2. Physical Injuries
a. Mutilation
b. Serious
c. Less Serious
d. slight
3. Rape
a. Simple
b. Qualified


B.   Destruction of Life in general.




1. Death and its inevitability has been the subject of inquiry: philosophical, religious, biological and legal approaches




2. Homicide - when used in its general sense it denotes that the death of a person was not due to a suicide or because of an accident or to natural causes but because of the act of a person. The term “homicidal death” refers to a death which was caused by another either intentionally or by negligence.




3. The following are the terms used depending on who the victim was:



a). Parricide- the killing of one’s father
b). Matricide- the killing of one’s mother
c). Filicide- the killing of a child
d). Fratricide- the killing of one’s  brother or sister
e). Uxoricide- the killing of one’s wife
f). Prolicide- the killing of one’s offspring
g). Hosticide- the killing of an enemy
h). Hospiticide- the killing of  one’s host or guest
i). Feminicide- the killing of a woman
j) Infanticide- the killing of an infant
k). Suicide- the killing of one’s self
l) Regicide- the killing of a king or queen
m). Genocide- the massacre of a people



C. Classification Under the Revised Penal Code




1. Factors Which Determine What Offense Arose from the Death of a Person




a). The presence of qualifying aggravating circumstances

b). The relationship between the accused and the victim

c). Whether the victim is born or still a fetus

d) The age of the victim



2. Classification of Crimes Resulting from the Death of a Person


a). Destruction of Life: the killing of a human being. Question: X killed Y. What are the possible crimes which arose due to the killing? They may either be:

(i). Parricide

(ii). Murder

(iii). Homicide which includes (a) Under Exceptional Circumstances (b) In a tumultuous Affray (c) In a duel

(iv). Giving Assistance to a Suicide

(v). Infanticide

(vi), Abortion


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