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I. IntroductionA. Definition of Criminal Law_______________B. Characteristics of Criminal Law

1. General- for all persons in the country2. Territorial- within the territory only3. Prospective- act is not punishable unless theres a new law

II. CrimesA. Violation of the lawB. Types

1. Misdemeanor(not in amount to felony) (Lesser Crime)2. Felonies (Heinous Crime)

III. Elements ofFelonies or Criminal Offense

A. Requisites ofMens Rhea (Malice or Dolo or Deceit)(Evil Mind)1. Evil or Criminal Intent2. Freedom3. Intelligence

B. Requisites ofFault (Culpa)1. Freedom2. Intelligence3. Imprudence (Lack of skill), Negligence (lack of foresight)

C. Elements ofFelonies1. Act/ Omission2. Punishable by Revised Penal Code3. By Dolo/Culpa

IV. Classes ofFeloniesA. Based on Degree ofPunishment

1. Grave-Reclusion Perpetua2. Less Grave-Prison Correctional3. Light Felonies- Arresto Menor

B. Based on Degree of Execution1. Consummated- Completed Crime2. Frustrated- Incomplete Crime3. Attempted- Plan only

V. Circumstances affectingLiability

A.Justifying- Occurs when the event is considered as legal andnot a crime. The event is considered legal when it isdone in the protection of his or another personsrights.

B.Exempting- Elements of Mens Rhea are incomplete. Theaction is wrong but the person is not liable.

C.Mitigating- A situation that makes the offender less guiltyD.Aggravating- A situation that makes the offender guiltier

VI.M

embers of a Crime:A. Principal (doer, mastermind)B. Accomplice(Before the crime)C. Accessories (After the crime)

VII. Elements of Accident, IrresistibleFear, UncontrollableFear, InsuperableCause

A. Accident- Lawful act, with due care, accident, no fault or intentionB. IrresistibleFear- Compulsion by physical force, irresistible, from

third person, threat is of an evil greater than thatwhich he is required to commit

C. Insuperable Cause- an act is required by law to be done,person fails to perform such act, failureperform such act is due to lawful cause

VIII. Penalties

IX. Extinction of Criminal Liability

Crimes related to NursingPracticeI. Crimes Against Public interest

A. Falsification by Public officer, Employee Notary orEcclesiastical Minister

B. Falsification by Private Individual and Use ofFalsifiedDocuments

C. False Medical Certificates, False Certificates of Merits orService, etc.

II.Crimes against PersonsA. Parricide, Infanticide, Murder, Homicide

B. Assisted Suicide and Euthanasia1. Assisted Suicide- Any person who shall assist another

to commit suicide2. Euthanasia (Mercy Killing)- is the practice of painlessly

putting to death a person suffering from some incurabledisease

3. Oregon, Netherlands, Belgium, Switzerland- assistedsuicide is legal

C. Abortion

D. Mutilation1. Definition- intentional mutilation of another or

depriving him, either totally or partially, or some

essential organ of reproductionE. Injuries

1. Serious Physical Injuries- wound, beat, assault another that cause a person

to become imbecile, impotent, or blind, lost a bodypart and become incapacitated for more than 90

days2. Administering Injurious Substances

- Any person w/o intent to kill shall inflict upon anyserious, physical injury, by knowingly administeringany injurious substance.

3. Less Serious Physical Injuries- Incapacitation of a person for10 days or more

4.

Slight Physical Injuries andM

altreatment- Incapacitation of person from 1 day to 9 days

F. Rape (Elements)1. Carnal Knowledge- act of a man in having sexual

bodily connection with woman.2. Use ofForce or intimidation3. Victim is less than 12 years of age

III. Crimes against Personal Liberty and SecurityA. Kidnapping and Serious Illegal Detention

- Depriving a person of his liberty for more than 3days

B. Slight Illegal Detention- Depriving a person of his liberty within3 days

IV. Crimes against HonorA. Libel

- public and malicious imputation of a crime, or of avice or defect, real or imaginary tending to

dishonor a person- committed by writing

B. Slander- oral defamation

V. Quasi-offensesA. Imprudence and Negligence

y Criminal negligence-negligence that ispunishable by law

y Simple negligence or imprudence- personshows lack of precaution but the damage isnot immediate

y Reckless negligence or imprudence-person does not act or fails to do an act andthe damage is immediate

y Medical malpractice suit- type of claimwhich a victim has available to him

Dulce A. Reyes Prof. Maria Luisa H. Lopez, RC, RN, MAN, DPAcNURSING ETHICS AND JURISPRUDENCE August 1, 2011

NURSES AND CRIMINALLAW

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