Art 114 1-11 report

Embed Size (px)

Citation preview

  • 8/7/2019 Art 114 1-11 report

    1/20

    Group 1

  • 8/7/2019 Art 114 1-11 report

    2/20

    Basis

    ` Greater perversity of the offender;

    ` As shown by the personal circumstance of the

    offender;

    `

    By means used to secure the commission of thecrime.

  • 8/7/2019 Art 114 1-11 report

    3/20

    Basis

    ` Greater perversity of the offender;

    `

    As shown by his lack of respect for publicauthorities.

  • 8/7/2019 Art 114 1-11 report

    4/20

    ` The public authority is engaged in the exercise of

    his functions;

    ` That he who is thus engaged in the exercise of

    said functions is not the person against whom thecrime is committed;

    ` The offender knows him to be a public authority;

    ` His presence has not prevented the offender fromcommitting the crime.

  • 8/7/2019 Art 114 1-11 report

    5/20

    Basis

    ` Greater perversity of the offender

    ` As shown by the personal circumstances of theoffended party;

    ` The place of the commission of the crime.

  • 8/7/2019 Art 114 1-11 report

    6/20

    Basis

    ` Greater perversity of the offender;

    ` As shown by the means and ways employed.

  • 8/7/2019 Art 114 1-11 report

    7/20

    ` That the offended party had trusted the offender;

    ` That the offender abused such trust by committing

    a crime against the offended party;

    ` That the abuse of confidence facilitated the

    commission of the crime.

  • 8/7/2019 Art 114 1-11 report

    8/20

    Basis

    ` Greater perversity of the offender;

    ` As shown by the place of the commission of thecrime;

    ` Which must be respected.

  • 8/7/2019 Art 114 1-11 report

    9/20

    ` In both, the public authorities are in theperformance of their duties;

    ` Under par. 5, the public authorities who are in the

    performance of their duties must be in their office;while in par. 2, the public authorities areperforming their duties outside of their office;

    ` Under par. 2, the public authority should not be the

    offended party; while under par. 5, he may be theoffended party.

  • 8/7/2019 Art 114 1-11 report

    10/20

    Basis

    ` On the time and place of the commission of thecrimes;

    ` Means and ways employed.

  • 8/7/2019 Art 114 1-11 report

    11/20

    Basis

    ` Has reference to the time of the commission of the

    crime.

  • 8/7/2019 Art 114 1-11 report

    12/20

    Basis

    ` On the means and ways of committing the crime

  • 8/7/2019 Art 114 1-11 report

    13/20

    ` That armed men or persons took part in the

    commission of the crime, directly or indirectly;

    ` That the accused availed himself of their aid or

    relied upon them when the crime was committed.

  • 8/7/2019 Art 114 1-11 report

    14/20

    ` When both the attacking party and the party

    attacked were equally armed;

    ` When the accused as well as those who

    cooperated with him in the commission of the

    crime acted under the same plan and for the same

    purpose.

  • 8/7/2019 Art 114 1-11 report

    15/20

    Basis

    ` Greater perversity of the offender;

    ` As shown by his inclination to crimes.

  • 8/7/2019 Art 114 1-11 report

    16/20

    ` That the offender is on trial for an offense;

    ` That he was previously convicted by the final

    judgment of another crime;

    ` That both the first and the second offenses are

    embraced in the same title of the Code;

    ` That the offender is convicted of the new offense.

  • 8/7/2019 Art 114 1-11 report

    17/20

    Basis

    ` Greater perversity of the offender;

    ` As shown by his inclination to crimes.

  • 8/7/2019 Art 114 1-11 report

    18/20

    ` That the accused is on trial for an offense;

    ` That he previously served sentence for another

    offense to which the law attaches an equal or

    greater penalty, or for two or more crimes to which

    it attaches lighter penalty than that for the new

    offense; and

    ` That he is convicted of the new offense.

  • 8/7/2019 Art 114 1-11 report

    19/20

    Basis

    ` Greater perversity of the offender;

    ` As shown by the motivating power itself.

    (presupposes the concurrence of two or more offenders: two or more principals)

  • 8/7/2019 Art 114 1-11 report

    20/20

    Continuation by the next group