Criminal Law 1 .doc
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Criminal Law 1
1.What is the effect when one of the crimes in information charging complex crimes is not proved?
a. He will not be convicted of any crime
b. The accused can be convicted of the other
c. The case will be dismissed
2. In which case is the death penalty not to be imposed as provided in Sec. 47of the RPC? Choose wrong
answer.
a. Accused is below 18 at the time of the sentence of the crime
b. Accused is more than 70 years old upon appeal
c. The required majority vote is not reached by the SC
d. Accused is a minor at the time of the commission of the crime.
3. Special complex crimes and complex crimes may be compared as follows:
a. Special complex crimes are especially provided for under Book II of the Revised Penal Code by
specifying the crimes composing the indivisible felony and the penalty therefor; Article 48 on
complex crimes gives the general rules on what crimes can be complexed and the penalty shall be
for the most serious in the maximum period
b. Both specie of crimes can be committed by negligence
c. In special complex crimes when one of the composite crime is not proved, the accused cannot be
convicted of the other
d. In complex crimes, the “excess” crimes committed are absorbed so that forcible abduction with
multiple rapes constitute only one offense
4. A complex penalty is
a. The penalty on the person guilty of a complex crime
b. A penalty composed of three distinct penalties the lowest of which shall be the minimum, the next
higher the medium and the highest the maximum.
c. The penalty on compound crimes
d. The penalty on special complex crime
e. The penalty on continued and continuing crimes
5. Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as
applicable to the
a. consummated felony
c. Frustrated felony
b. Complex crime
d. Attempted stage
6. Which of the following is a wrong rule when crime committed is different from that intended.
a.
If the penalty prescribed for the felony committed be higher than that corresponding to the offense
which the accused intended to commit, the penalty corresponding to the former shall be imposed in
its maximum period
b.
If the penalty prescribed for the felony committed be lower than that corresponding to the one which
the accused intended to commit, the penalty for the former shall be imposed in its maximum period.
c. If the law prescribes a higher penalty for either of the an attempt or frustration of another crime the
penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period.
d. In case of doubt between two offenses, the lower penalty is imposed.
7. Which of the following is correct?
a. The penalty imposed upon an accessory to a frustrated crime is three degrees lower to the
principal in a consummated crime
b. The penalty imposed upon an accessory to an attempted crime is four degrees lower to the
principal in a consummated crime
c. The penalty imposed upon an accomplice to a frustrated crime is three degrees lower to the
principal in a consummated crime
d. The penalty imposed upon an accomplice to an attempted crime is six degrees lower to the
principal in a consummated crime
1.What is the effect when one of the crimes in information charging complex crimes is not proved?
a. He will not be convicted of any crime
b. The accused can be convicted of the other
c. The case will be dismissed
2. In which case is the death penalty not to be imposed as provided in Sec. 47of the RPC? Choose wrong
answer.
a. Accused is below 18 at the time of the sentence of the crime
b. Accused is more than 70 years old upon appeal
c. The required majority vote is not reached by the SC
d. Accused is a minor at the time of the commission of the crime.
3. Special complex crimes and complex crimes may be compared as follows:
a. Special complex crimes are especially provided for under Book II of the Revised Penal Code by
specifying the crimes composing the indivisible felony and the penalty therefor; Article 48 on
complex crimes gives the general rules on what crimes can be complexed and the penalty shall be
for the most serious in the maximum period
b. Both specie of crimes can be committed by negligence
c. In special complex crimes when one of the composite crime is not proved, the accused cannot be
convicted of the other
d. In complex crimes, the “excess” crimes committed are absorbed so that forcible abduction with
multiple rapes constitute only one offense
4. A complex penalty is
a. The penalty on the person guilty of a complex crime
b. A penalty composed of three distinct penalties the lowest of which shall be the minimum, the next
higher the medium and the highest the maximum.
c. The penalty on compound crimes
d. The penalty on special complex crime
e. The penalty on continued and continuing crimes
5. Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as
applicable to the
a. consummated felony
c. Frustrated felony
b. Complex crime
d. Attempted stage
6. Which of the following is a wrong rule when crime committed is different from that intended.
a.
If the penalty prescribed for the felony committed be higher than that corresponding to the offense
which the accused intended to commit, the penalty corresponding to the former shall be imposed in
its maximum period
b.
If the penalty prescribed for the felony committed be lower than that corresponding to the one which
the accused intended to commit, the penalty for the former shall be imposed in its maximum period.
c. If the law prescribes a higher penalty for either of the an attempt or frustration of another crime the
penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period.
d. In case of doubt between two offenses, the lower penalty is imposed.
7. Which of the following is correct?
a. The penalty imposed upon an accessory to a frustrated crime is three degrees lower to the
principal in a consummated crime
b. The penalty imposed upon an accessory to an attempted crime is four degrees lower to the
principal in a consummated crime
c. The penalty imposed upon an accomplice to a frustrated crime is three degrees lower to the
principal in a consummated crime
d. The penalty imposed upon an accomplice to an attempted crime is six degrees lower to the
principal in a consummated crime
