Scribd
Upload
10K views9 pages

How Felonies Are Committed: BY MEANS OF DECEIT (DOLO) - There Is Deceit When

This document outlines how felonies can be committed through deceit (dolo) or fault (culpa). Dolo involves deliberate intent to cause injury, while culpa results from negligence or lack of skill without malicious intent. It discusses the requisites of dolo as criminal intent, freedom of action, and intelligence. Intent demonstrates the means to an end, while motive is the reason for an act. Criminal intent can be general or specific. The requisites of culpa are negligence, imprudence, and freedom of action with intelligence. Criminal liability can arise from unintended consequences or inadequate means to an intended act.

Uploaded by

BEST OF ONE PIECE
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
10K views9 pages

How Felonies Are Committed: BY MEANS OF DECEIT (DOLO) - There Is Deceit When

This document outlines how felonies can be committed through deceit (dolo) or fault (culpa). Dolo involves deliberate intent to cause injury, while culpa results from negligence or lack of skill without malicious intent. It discusses the requisites of dolo as criminal intent, freedom of action, and intelligence. Intent demonstrates the means to an end, while motive is the reason for an act. Criminal intent can be general or specific. The requisites of culpa are negligence, imprudence, and freedom of action with intelligence. Criminal liability can arise from unintended consequences or inadequate means to an intended act.

Uploaded by

BEST OF ONE PIECE
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 9

HOW FELONIES ARE COMMITTED

BY MEANS OF DECEIT (DOLO) - There is deceit when


the act is performed with deliberate intent.

BY MEANS OF FAULT (CULPA) - There is fault when the


wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill.
DOLO VS CULPA

DOLO CULPA
Act is malicious Not malicious
Injury caused is unintentional being
With deliberate intent incident of another act performed
without malice

Has intention to cause injury Wrongful act results from


imprudence, negligence, lack of
foresight or lack of skill
REQUISITES OF DOLO

CRIMINAL INTENT – the purpose to use a particular


means to effect such result.

FREEDOM OF ACTION – voluntariness on the part of


the person to commit the act or omission.

INTELLIGENCE – means the capacity to know and


understand the consequences of one's act.  
INTENT VS MOTIVE

INTENT is demonstrated by the use of a particular means


to bring about a desired result – it is not a state of mind or a
reason for committing a crime

MOTIVE is the moving power which impels one to do an


act.
CATEGORY OF CRIMINAL INTENT

GENERAL CRIMINAL INTENT is presumed from the mere


doing of a wrong act. This does not require proof. The burden is
upon the wrong doer to prove that he acted without such criminal
intent.

SPECIFIC CRIMINAL INTENT is not presumed because it is an


ingredient or element of a crime, like intent to kill in the crimes of
attempted or frustrated homicide/parricide/murder. The prosecution
has the burden of proving the same.
REQUISITES OF CULPA

NEGLIGENCE indicates deficiency of perception or


failure to pay attention and to use diligence in foreseeing the
injury or damage impending to be caused. It usually
involves lack of foresight.

IMPRUDENCE indicates deficiency of action or failure to


take the necessary precaution to avoid injury to person or
damage to property. It usually involves lack of skill.
REQUISITES OF CULPA

FREEDOM of action on the part of the offender, that is, he


was not acting under duress.

INTELLIGENCE on the part of the offender in performing


the negligent act.
HOW CRIMINAL LIABILITY IS INCURRED

1. By any person committing a felony, although the


wrongful act done be different from that which he
intended.
2. By any person performing an act which would be an
offense against persons or property, were it not for the
inherent impossibility of its accomplishment or on account
of the employment of inadequate or ineffectual means.
ART. 4 PARAGRAPH 1

ABERRATIO ICTUS – mistake in the blow 


ERROR IN PERSONAE – mistake in the identity .
PRAETER INTENTIONEM – where the consequence
exceeded the intention
PROXIMATE CAUSE – the cause of the cause is the cause
of the evil caused.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy