Criminal Law Summer

7/23/2019 Criminal Law Summer

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CRIMINAL LAW -- 10%

1. Badong, with evident premeditation and treachery killed his father. What was the crime committed?

a. Murder

b. Parricide

c. omicide

d. !ualified omicide

". P#$ Bagsik entered the dwelling of %otoy against the latter&s will on suspicion that %otoy keepunlicensed firearms in his home. What was the crime committed by P#$ Bagsik?

a. %respass to 'welling

b. (iolation of 'omicile

c. )surpation #f *uthority

d. +orcible %respassing

$. Berung and Betang had been married for more than si months. %hey live together with the children

of Betang from her first husband. Berung had seual relationship with Bea, the 1- year old daughter of

Betang. Bea love Berung very much. What was the crime committed by Berung, if any?

a. imple eduction

b. !ualified eduction

c. /onsented *bductiond. 0ape

-. Prof. 'abcat gave a failing grade to one of his students, ito. When the two met the following day,

ito slapped Prof. 'abcat on the face. What was the crime committed by ito?

a. /orruption of Public #fficials

b. 'irect *ssault

c. light Physical n2uries

d. 3rave /oercion

4. * warrant of arrest was issued against Pekto for the killing of his parents. When P#" %apang tried to

arrest him, Pekto gave him 1 million Pesos to set him free. P#" %apang refrained in arresting Pekto.What was the crime committed by P#" %apang?

a. ndirect Bribery

b. 'irect Bribery

c. /orruption of Public #fficials

d. !ualified Bribery

5. 6emption to the hearsay rule made under the consciousness of an impending death.

a. parol evidence b. ante mortem statement

c. suicide note d. dead man statute

7. %he meaning of factum probans.

a. preponderance of evidence

b. ultimate fact

c. evidentiary fact

d. sufficiency of evidence

8. t refers to family history or descent transmitted from one generation to another.

a. inheritance

b. heritage

c. pedigree

d. culture

9. %he authority of the court to take cognisance of the case in the first instance.a. *ppellate :urisdiction

b. 3eneral :urisdiction

c. #riginal :urisdiction

d. 6clusive :urisdiction

1;. * person designated by the court to assist destitute litigants.

a. /ounsel de officio

b. *ttorney on record

c. *ttorney at law

d. pecial counsel

11. Which of the following is not covered by the 0ules on ummary Procedure?

a. (iolation of rental laws

b. (iolation of traffic laws

c. %he penalty is more than si months of imprisonment


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d. %he penalty does not eceed 5 months imprisonment

1". t refers to a territorial unit where the power of the court is to be eercised.

a. 2urisdiction b. 2urisprudence

c. venue d. bench

1$. %he *nti


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c. estafa d. indirect bribery

"7. %he wilful and corrupt assertion of falsehood under oath of affirmation, administered by authority

of law on a material matter.

a. libel b. falsification

c. per2ury d. slander

"8. 'eliberate planning of act before eecution.

a. treachery b. evident premeditationc. ignominy d. cruelty

"9. Whenever more than $ armed malefactors shall have acted together in the commission of a crime.

a. gang b. conspiracy

c. band d. piracy

$;. %he failure to perform a positive duty which one is bound to.

a. negligence b. imprudence

c. omission d. act

$1. Ways and means are employed for the purpose of trapping and capturing the law breaker in the

eecution of his criminal plan.a. misfeasance b. entrapment

c. inducement d. instigation

$". %hose where the act committed is a crime but for reasons of public policy and sentiment there is

no penalty imposed.

a. impossible crimes

b. aggravating circumstances

c. absolutory causes

d. comple crimes

$$. *n alternative circumstance.a. insanity b. intoication

c. passion or obfuscation d. evident premeditation

$-. f the accused refuse to plead, or make conditional plea of guilty, what shall be entered for him?

a. a plea of not guilty b. a plea of guilty

c. a plea of mercy d.plea of surrender

$4. *t what time may the accused move to >uash the complaint or information?

a. at any time before his arrest

b. only after entering his plea

c. any time before entering his plea

d. Monday morning

$5. %he process whereby the accused and the prosecutor in a criminal case work out a mutually

satisfactory disposition on the case sub2ect to court approval.

a. arraignment b. plea bargaining

c. preliminary investigation d. trial

$7. %he security given for the release of a person in custody, furnished by him or a bondsman,

conditioned upon his appearance before any court as re>uired under the conditions specified by law.

a. subpoena b. recogniance

c. bail d. warrant

$8. %he eamination before a competent tribunal, according to the laws of the land, of the acts in

issue in a case, for the purpose of determining such issue.

a. trial b. arraignment

b. pre


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-1. t is evidence of the same kind and to the same state of facts.

a. secondary evidence b. prima facie evidence

c. corroborative evidence d. best evidence

-". t is that which, standing alone, uneplained or uncontradicted is sufficient to maintain the

proposition affirmed.

a. secondary evidence b. prima facie evidence

c. corroborative evidence d. best evidence

-$. * form of evidence supplied by written instruments or derived from conventional symbols, such as

letters, by which ideas are represented on material substances.

a. documentary evidence b.testimonial evidence

c. material evidence d. real evidence

--. When the witness states that he did not see or know the occurrence of a fact.

a. positive evidence b.corroborative evidence

c. secondary evidence d. negative evidence

-4. Personal property that can be sub2ects for search and seiure.

a. used or intended to be used as means in committing an offenseb. stolen or embeled and other proceeds or fruits of the offense

c. sub2ect of the offense

d. all of the above

-5. *ll persons who can perceive and perceiving, can make known their perception to others.

a. suspects b. witnesses

c. victims d. informers

-7. %he unlawful destruction, or the bringing forth prematurely, of human fetus before the natural

time of birth which results in death.

a. abortion b. infanticidec. murder d. parricide

-8. +elony committed when a person is killed or wounded during the confusion attendant to a >uarrel

among several persons not organied into groups and the parties responsible cannot be ascertained.

a. alarm and scandal

b. mysterious homicide

c. death under eceptional circumstances

d. tumultuous affray

-9. * >uestion which arises in a case the resolution of which is the logical antecedent of the issue

involved in said case and the cognisance of which pertains to another tribunal.

a. legal >uestion b. 2uridical >uestion

c. pre2udicial >uestion d. 2udicial >uestion

4;. %he offender has been previously punished for an offense to which the law attaches an e>ual or

greater penalty or two or more crimes to which it attaches a lighter penalty.

a. reiteracion b. recidivism

b. >uasiuency

41. *n act or omission which is a result of a misapprehension of facts that is voluntary but not

intentional.

a. impossible crime b. mistake of facts

c. accidental crime d. comple crime

4". nfanticide is committed by killing a child not more thanA.

a. $5 hours b. "- hours

c. -8 hours d. 7" hours

4$. gnorance of the law ecuses no one from compliance therewith.

a. ignorantia legis non ecusat b. parens patriae

c. res ipsa lo>uitur d. dura le sed le

4-. *n act which would be an offense against persons or property were if not for the inherent

impossibility of its accomplishment.

a. compound crime b. impossible crime

c. comple crime d. accidental crime


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44. %he law which reimposed the death penalty.

a. 0* 4-"4 b. 0* 844$

c. 0* 7549 d. 0* 8441

45. #ne who is deprived completely of reason or discernment and freedom of the will at the time of

the commission of the crime.

a. discernment b. insanity

c. epilepsy d. imbecility

47. %he >uality by which an act may be subscribed to a person as its owner or author.

a. responsibility b. duty

c. guilt d. imputability

48. omething that happen outside the sway of our will, and although it comes about through some

acts of our will, lies beyond the bounds of humanly foreseeable conse>uences.

a. fortuitous event b. fate

c. accident d. destiny

49. * sworn written statement charging a person with an offense, subscribed by the offended party ,

any peace officer or other public officer charged with the enforcement of the law violated.

a. subpoena b. informationc. complaint d. writ

5;. %his right of the accused is founded on the principle of 2ustice and is intended not to protect the

guilty but to prevent as far as human agencies can, the conviction of an innocent person.

a. right to due process of law

b. presumption of innocence

c. right to remain silent

d. right against self


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59. * kind of evidence which cannot be rebutted or overcome.

a. Primary b. Best

c. econdary d. /onclusive

7;. * kind of evidence which cannot be rebutted or overcome.

a. Primary b. Best

c. econdary d. /onclusive

71. %hese >uestions suggest to the witness the answers to which an eamining party re>uires.

a. leading b. misleading

c. stupid d. hearsay

7". * method fied by law for the apprehension and prosecution of persons alleged to have committed

a crime, and for their punishment in case of conviction.

a. /riminal =aw b. /riminal 6vidence

c. /riminal Procedure d. /riminal :urisprudence

7$. %he period of prescription of crimes punishable by death.

a. "; years b. 14 years

c. 1; years d. -; years

7-. Persons who take direct part in the eecution of a crime.

a. accomplices

b. accessories

c. instigators

d. principals

74. * crime against honor which is committed by performing any act which casts dishonor, discredit, or

contempt upon another person.

a. libel

b. slander by deedc. incriminating innocent person

d. intriguing against honor

75. %he improper performance of some act which might lawfully be done.

a. misfeasance

b. malfeasance

c. nonfeasance

d. dereliction

77. * sworn statement in writing, made upon oath before an authoried magistrate or officer.

a. subpoena

b. writ

c. warrant

d. affidavit

78. *ny other name which a person publicly applies to himself without authority of law.

a. alias

b. common name

c. fictitious name

d. screen name

79. * special aggravating circumstance where a person, after having been convicted by final 2udgment,

shall commit a new felony before beginning to serve such sentence, or while serving the same.a. >uasi


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d. /oup d&etat

8". %he length of validity of a search warrant from its date.

a. $; days

b. 14 days

c. 1; days

d. 5; days

8$. %he detention of a person without legal grounds by a public officer or employee.a. illegal detention

b. arbitrary detention

c. compulsory detention

d. unauthoried detention

8-. * breach of allegiance to a government, committed by a person who owes allegiance to it.

a. treason

b. espionage

c. rebellion

d. coup d&etat

84. * building or structure, eclusively used for rest and comfort.a. sanctuary

b. prison

c. 2ail

d. dwelling

85. %he mental capacity to understand the difference between right and wrong.

a. treachery

b. premeditation

c. recidivism

d. discernment

87. /onspiracy to commit this felony is punishable under the law.

a. 6stafa

b. Murder

c. 0ebellion

d. 0ape

88. t means that the resulting in2ury is greater than that which is intended.

a. *berratio ictus

b. 6rror in personae

c. 'ura =e ed le

d. Praeter ntentionem

89. t means mistake in the blow.

a. *berratio ctus

b. 6rror in Personae

c. 'ura le sed le

d. Praeter ntentionem

9;. * stage of eecution when all the elements necessary for its eecution and accomplishment are

present.

a. *ttempted

b. +rustrated

c. /onsummatedd. *ccomplished

91. *n act or omission which is the result of a misapprehension of facts that is voluntary but not

intentional.

a. *bsolutory /ause

b. Mistake of facts

c. /onspiracy

d. +elony

9". /rimes that have three stages of eecution.

a. Material

b. +ormal

c. easonal

d. /ontinuing


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9$. +elonies where the acts or omissions of the offender are malicious.

a. /ulpable

b. ntentional

c. 'eliberate

d. nculpable

9-. t indicates deficiency of perception.

a. Cegligence

b. 'iligencec. mprudence

d. nference

94. *cts and omissions punishable by special penal laws.

a. #ffenses

b. Misdemeanours

c. +elonies

d. #rdinances

95. * character of /riminal =aw, making it binding upon all persons who live or so2ourn in the

Philippines.

a. 3eneralb. %erritorial

c. Prospective

d. 0etroactive

97. * legislative act which inflicts punishment without 2udicial trial.

a. Bill of *ttainder

b. Bill of 0ights

c. 6 Post +acto =aw

d. Penal =aw

98. %he taking of a person into custody in order that he may bound to answer for the commission of anoffense.

a. earch

b. eiure

c. *rrest

d. 'etention

99. Pedro stole the cow of :uan. What was the crime committed?

a. 0obbery

b. +arm %heft

c. !ualified %heft

d.imple %heft

1;;. Pedro, a 19 year old man had seual intercourse with her 11 year old girlfriend without threat,

force or intimidation. What was the crime committed?

a. /hild rape

b. !ualified 0ape

c. tatutory 0ape

d. Cone

1;1.D %he 0evised Penal /ode may be enforced outside the 2urisdiction of the Philippines when

*. one commits an offense on any ship or airship.

B. one introduces into the Philippines any counterfeit coin.

/. a public officer enters into a bigamous marriage.'. one commits a crime against national security.

1;".D * warrantless search is valid when the search is made by

*. a customs officers at the home of a known smuggler.

B. anti


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could take him into custody. May his declaration be admitted against him?

*. Co since he has not been forewarned of his rights to silence and to counsel.

B. Ees since he made his declaration before he could be taken into custody and investigated.

/. Co since he has entered the police station and came within its 2urisdiction.

'. Ees since he freely gave his declaration to the police.

1;4.D 0ape is seual intercourse with the use of

*. deceit

B. moral ascendance/. intrigue

'. force or intimidation.

1;5.D %he act of the police in placing the accused in a police lineualifying circumstance cannot be presumed, but must be established by

*. proof beyond reasonable doubt

B. clear and convincing evidence

/. substantial evidence

'. preponderance of evidence

*CW60F

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Criminal Law Bar Examination Q & A

(1994-2006)GENERAL PRINCIPLES;

Schools of thought in Criminal Law (1996)

1 !hat ar" th" #i$"r"nt schools of thought or th"ori"s in Criminal Law an##"scri%"

"ach %ri"') *o what th"or' #o"s our +",is"# -"nal Co#" %"long.

S/00ES*E A2S!E+3

1) *h"r" ar" two schools of thought in Criminal Law4 an# th"s" ar"


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(a) th" CLASS5CAL *E7+84 which siml' m"ans that th" %asis of criminal

lia%iliti"s is human fr"" will4 an# th" uros" of th" "nalt' is r"tri%ution

which must %" roortional to th" gra,it' of th" o$"ns"; an# (%) th"

-7S5*5:5S* *E7+84 which consi#"rs man as a social %"ing an# his acts

ar" attri%uta%l" not ust to his will %ut to oth"r forc"s of soci"t' As such4

unishm"nt is not th" solution4 as h" is not "ntir"l' to %" %lam"#; law an#

urisru#"nc" shoul# not %" th" 'ar#stic< inth" imosition of sanction4

inst"a# th" un#"rl'ing r"asons woul# %" in=uir"# into

) !" follow th" classical school of thought although som" ro,isions of "min"ntl'

ositi,ist in t"n#"nci"s4 liu,"nil"

circumstanc"s4 ar" incororat"# in our Co#"

General Principles; Terri!riali" (1994)

ESSA# A%"4 marri"# to Li?a4 contract"# anoth"r marriag" with Conni" in Singaor"

*h"r"aft"r4 A%" an# Conni" r"turn"# to th" -hiliin"s an# li,"# as hus%an# an#

wif" in th" hom"town of A%" in Calam%a4 Laguna

ISS$ES1) Can A%" %" ros"cut"# for %igam'.

S$GGESTE% ANS&ER31) 2o4 A%" ma' not %" ros"cut"# for %igam' sinc" th"

%igamous marriag" was contract"# or sol"mni?"# in Singaor"4 h"nc" such,iolation is not on" of thos" wh"r" th" +",is"# -"nal Co#"4 un#"r Art th"r"of ma'

%" ali"# "xtrat"rritoriall' *h" g"n"ral rul" on t"rritorialit' of criminal law go,"rns

th" situation

General Principles; Terri!riali"; 'risici!n !*er +essel (2000)

ESSA# Aft"r #rin


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hous" an#4 tog"th"r with B an# C4 r"turn"# to th" waiting taxica% an# motor"#

awa' 0 #i"# sur,i,"#

ISS$ES 1) !ho ar" lia%l" for th" #"ath of 0 an# th" h'sical inuri"s of .

S$GGESTE% ANS&ER3

1) A alon" shoul# %" h"l# lia%l" for th" #"ath of 0) *h" o%"ct of th" consirac' of A B4 C4 an# was to o"l wh"n th"

latt"r ass"s through on his wa' to woro"l from %"hin# 7n th" aoint"# #a'4

Arturo was ar"h"n#"# %' th" authoriti"s %"for" r"aching th" all"' !h"n >uan

shot >o"l as lann"#4 h" was unawar" that Arturo was arr"st"# "arli"r

ISS$ES1) iscuss th" criminal lia%ilit' of Arturo4 if an' MFN

S$GGESTE% ANS&ER31 ) Arturo4 %"ing on" of th" two who #",is"# th" lan to

mur#"r >o"l4 th"r"%' %"com"s a coOrincial %' #ir"ct consirac' !hat is

n""#"# onl' is an o,"rt act an# %oth will incur criminal lia%ilit' Arturos lia%ilit'

as a consirator aros" from his articiation in ointl' #",ising th" criminal lan

with >uan4 to os" An# it was ursuant to that consirac' that >uan


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ALTERNATI+E ANS&ER3 Arturo is not lia%l" %"caus" h" was not a%l" to

articiat" in th" o"l Consirac' its"lf is not unisha%l" unl"ss

"xr"ssl' ro,i#"# %' law an# this is not tru" in th" cas" of @ur#"r A coO

consirator must "rform an o,"rt act ursuant to th" consirac'

C!nspirac"; C!!n /el!ni!s Prp!se (1994)

ESSA# 1) At a%out 93HI in th" ","ning4 whil" ino an# +a$' w"r" walun" 199

%) *h" crim" woul# %" +o%%"r' with omici#" (imli"#3 th"r" is still

consirac')

C!nspirac"; /li ! E*ae Appreensi!n (2007)

ESSA# A an# B4 %oth stor" anitors4 lann"# to


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that wh"n th"r" is a consirac'4 th" act of on" is th" act of all4 alr"a#' go,"rns

th"m 5nfact4 A an# B w"r" alr"a#' in th" stor" to carr' out th"ir criminal lan *hat

B ran out of th" stor" an# "# uon h"aring th" sir"ns of th" olic" car4 is not

sontan"ous #"sistanc" %ut ight to ",a#" ar"h"nsion

5t woul# %" #i$"r"nt if B th"n tri"# to sto A from continuing with th" commission of

th" crim"; h" #i# not So th" act of A in ursuing th" commission of th" crim" which

%oth h" an# B #"sign"#4 lann"#4 an# comm"nc"# to commit4 woul# also %" th" act

of B %"caus" of th"ir "xr"ss"# consirac' Both ar" lia%l" for th" comosit" crim"

of ro%%"r' with homici#"

ALTERNATI+E ANS&ER3A shall incur full criminal lia%ilit' for th" crim" of ro%%"r'

with homici#"4 %ut B shall not incur criminal lia%ilit' %"caus" h" #"sist"# Bs

sontan"ous #"sistanc"4 ma#" %"for" all acts of "x"cution ar" "rform"#4 is

"xculator' Consirac' to ro% an#


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gr"na#" was us"# in sai# cas"4 which constitut"s a mor" s"rious crim" though

#i$"r"nt from what was int"n#"#4

Criinal Liaili" /el!ni!s Ac !, Scarin (1996)

ESSA# Al"xan#"r4 an "sca"# con,ict4 ran amuc< on %oar# a Su"rlin"s Bus %oun#

for @anila from Bicol an#


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ISS$ES 5s "li" lia%l" for th" #"ath of C"sar or will his #"f"ns" ros"r. !h'.

(F

S$GGESTE% ANS&ER38"s4 "li" is lia%l" for th" #"ath of C"sar %ut h" shall %"

gi,"n th" %"n"Dt of th" mitigating circumstanc" that h" #i# not int"n# to commit so

gra," a wrong as that which was committ"# (Art 1H4 ar H4 +-C)!h"n "li"

intru#"# into C"sars room without th" latt"rs cons"nt an# too< li%"rt' with th"

l"tt"rs %ac


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ESSA# Bh"' "lo"# with Scott !h"r"uon4 Bh"'s fath"r4 +o%in4 an# %roth"r4

+ustom4 w"nt to Scotts hous" /on r"aching th" hous"4 +ustom in=uir"# from

Scott a%out his sist"rs wh"r"a%outs4 whil" +o%in shout"# an# thr"at"n"# to


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ass"ng"rs who w"r" r"sum"# #"a# an# cam" across th" nam" of his gran#fath"r

who ha# rais"# him from chil#hoo# aft"r h" was orhan"# " was shocuming out of th" train an# lan#ing on th" roa# %"low All th" thr""

ass"ng"rs #i"# lat"r of th"ir inuri"s at th" hosital

ISS$ES 5s Luis lia%l" for th" #"ath of th" thr"" ass"ng"rs who um"# out of th"

mo,ing train. Stat" 'our r"asons (F)

S$GGESTE% ANS&ER38"s4 Luis is lia%l" for th"ir #"aths %"caus" h" was

committing a f"lon' wh"n h" start"# sta%%ing at th" ass"ng"rs an# such wrongful

act was th" roximat" caus" of sai# ass"ng"rs uming out of th" train; h"nc"

th"ir #"aths /n#"r Articl" G4 +",is"# -"nal Co#"4 an' "rson committing a f"lon'

shall incur criminal lia%ilit' although th" wrongful act #on" %" #i$"r"nt from that

which h" int"n#"# 5n this cas"4 th" #"ath of th" thr"" ass"ng"rs was th" #ir"ct4

natural an# logical cons"=u"nc" of Luis f"lonious act which cr"at"# an imm"#iat"

s"ns" of #ang"r in th" min#s of sai# ass"ng"rs who tri"# to a,oi# or "sca" from it

%' uming out of th" train (-"ol" ,s Ara4 K SC+A 17HK; /S ,s :al#"?4 G1-hil

G9K

Criinal Liaili"; /el!ni!s Ac; Pr!5iae Case (2004)

ESSA# 7n his wa' hom" from oRc"4 ro#" in a ""n"' Su%s"=u"ntl'4

%oar#"# th" sam" ""n"' /on r"aching a s"clu#"# sot in QC4 ull"# out a

gr"na#" from his %ag an# announc"# a hol#Ou " tol# to surr"n#"r his watch4

wall"t an# c"ll hon" "aring for his lif"4 um"# out of th" ,"hicl" But as h"

f"ll4 his h"a# hit th" a,"m"nt4 causing his instant #"ath

ISS$ES 5s lia%l" for s #"ath. Exlain %ri"' (F)

S$GGESTE% ANS&ER3 8"s4 is lia%l" for s #"ath %"caus" his acts of ulling

out a gr"na#" an# announcing a hol#Ou4 coul"# with a #"man# for th" watch4

wall"t an# c"llhon" of is f"lonious4 an# such f"lonious act was th" roximat"caus" of s uming out of th" ""n"'4 r"sulting in th" latt"rs #"ath Stat"#

oth"rwis"4 th" #"ath of was th" #ir"ct4 natural an# logical cons"=u"nc" of s

f"lonious act which cr"at"# an imm"#iat" s"ns" of #ang"r in th" min# of who

tri"# to a,oi# such #ang"r %' uming out of th" ""n"' (-"ol" , Ara4 K SC+A

1IHK)

Criinal Liaili"; Ip!ssile Crie (2004)

ESSA# 7 an# 87 w"r" %oth courting th"ir coO"mlo'""4 S/E B"caus" of th"ir

%itt"r ri,alr'4 7 #"ci#"# to g"t ri# of 87 %' oisoning him 7 our"# a su%stanc"

into 87s co$"" thin


19/20

ISS$ES 5f 'ou w"r" th" on"nt"4 how will 'ou #"ci#" th" a"al.

S$GGESTE% ANS&ER35f 5 w"r" th" on"nt"4 5 will s"t asi#" th" u#gm"nt

con,icting th" accus"# of att"mt"# mur#"r an# inst"a# Dn# th"m guilt' of

imossi%l" crim" un#"r Art G4ar 4 +-C4 in r"lation to Art 94 +-C Lia%ilit' for

imossi%l" crim" aris"s not onl' wh"n th" imossi%ilit' is l"gal4 %ut li"rr' to whom h" #isclos"# his ",il lan B"caus" h"

hims"lf har%or"# r"s"ntm"nt towar#s >un4 >"rr' ga," Bu##' a oison4 which Bu##'

lac"# on >uns foo# ow","r4 >un #i# not #i" %"caus"4 unun was

ow#"r"# milun

is criminal

2o4 th" answ"r woul# not %" th" sam" as a%o," >"rr' an# Bu##' woul# %"

lia%l" inst"a# for l"ss s"rious h'sical inuri"s for causing th" hositali?ation

an# m"#ical att"n#anc" for 1I #a's to >un *h"ir act of mixing with th" foo#

"at"n %' >un th" matt"r which r"=uir"# such m"#ical att"n#anc"4 committ"#

with criminal int"nt4 r"n#"rs th"m lia%l" for th" r"sulting inur'

Criinal Liaili"; Ip!ssile Cries; inappin (2000)

ESSA# Carla4 G '"ars ol#4 was


20/20

1 Crim"s mala in s" ar" f"lonious acts committ"# %' #olo or cula as #"Dn"# in

th" +",is"# -"nal Co#" Lac< of criminal int"nt is a ,ali# #"f"ns"4 "xc"t

wh"n th" crim" r"sults from criminal n"glig"nc" 7n th" oth"r han#4 crim"s

mala rohi%ita ar" thos" consi#"r"# wrong onl' %"caus" th"' ar" rohi%it"#

%' statut" *h"' constitut" ,iolations of m"r" rul"s of con,"ni"nc" #"sign"#

to s"cur" a mor" or#"rl' r"gulation of th" a$airs of soci"t'

8"s4 an act ma' %" malum in s" an# malum rohi%itum at th" sam" tim" 5n

-"ol" ,Sunico4 "t aL (CA I 70 JJI) it was h"l# that th" omission or

failur" of "l"ction ins"ctors an# oll cl"r

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