What are necessary attendant circumstances?
What are necessary attendant circumstances?
Attendant circumstances are the elements other than actus reus, mens rea and the result that define the crime. For example, the victim’s age would be an attendant circumstance in a statutory rape case. Attendant circumstances are also referred to as External Circumstances. See also, Elements of a Crime.
What are the two requirements necessary to prove actus reus?
Every crime must be considered in two parts-the physical act of the crime (actus reus) and the mental intent to do the crime (mens rea). To establish actus reus, a lawyer must prove that the accused party was responsible for a deed prohibited by criminal law.
What is the test for accomplice actus reus?
As far as the first issue is concerned, the general rule is that the accomplice must have the mens rea necessary to actually commit the crime by direct action. In other words, the accomplice must have the same mens rea that is required on the part of the actual perpetrator of the crime.
How many requisites are needed for a felony?
What requisites must concur before a felony may be committed? There must be (1) an act or omission; (2) punishable by the Revised Penal Code; and (3) the act is performed or the omission incurred by means of dolo or culpa.
What is Dolo malice?
If a felony is committed by means of deceit it is dolo or otherwise known as intentional felonies such as robbery. There is dolo if there exist malice or deliberate intent. There is culpa when the felony results from negligence, imprudence, lack of foresight or lack of skill.
What is the difference between Dolo and culpa?
Answer: If a felony is committed by means of deceit it is dolo or otherwise known as intentional felonies such as robbery. If it is committed by means of fault, then it is culpa or otherwise known as culpable felonies such as reckless imprudence resulting in damage to properties.
What are the elements of Dolo or deceit?
Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
What is Praeter Intentionem?
“Praeter intentionem” is defined as having an injurious result that is greater than that intended. The Revised Penal Code describes it as no intention to commit so grave a wrong.
