Criminology Board Exam — Core Review

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1. 1

   In Revised Penal Code terminology, a felony is best described as:

   1. 1An act or omission punishable by the Revised Penal Code, committed by means of dolo or culpa
   2. 2Any act declared unlawful by any statute, ordinance, or regulation
   3. 3Any act that causes actual harm regardless of whether a law punishes it
   4. 4Any immoral conduct condemned by custom though never penalized

   SagotAn act or omission punishable by the Revised Penal Code, committed by means of dolo or culpa

   Strictly speaking, felonies are acts or omissions punished by the Revised Penal Code; violations of special laws are crimes but are not felonies in the technical sense.

2. 2

   What elements must concur for a felony to be committed by means of dolo?

   SagotCriminal intent, intelligence, freedom of action, and the performance of a criminal act

   A felony by dolo is committed deliberately: the offender acts with malicious intent, sound mind, and voluntariness.

3. 3

   What does culpa as a mode of committing a felony mean?

   SagotThe injury results from negligence, imprudence, or lack of foresight or skill, without criminal intent

   In culpa the harmful result is unintended; liability attaches because of carelessness rather than design.

4. 4

   A hunter hears rustling in the bushes, assumes it is a wild boar without verifying, fires, and hits a fellow hunter. The act is:

   1. 1Culpa, because a prudent person would have confirmed the target before shooting
   2. 2Dolo, because firing at any moving object shows criminal intent
   3. 3Not a felony at all, because the act was done during lawful sport
   4. 4Dolo, because the weapon used was deadly

   SagotCulpa, because a prudent person would have confirmed the target before shooting

   The absence of intent to injure, combined with failure to take ordinary precautions, makes the shooting reckless imprudence rather than a deliberate felony.

5. 5

   Distinguish material felonies from formal felonies.

   SagotMaterial felonies cause actual physical or moral injury, while formal felonies are punishable from the mere commission of the act regardless of resulting harm

   An offense that injures the victim is material in character; offenses punishable by the bare act, with or without injury, illustrate the formal kind.