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v. THEFT
E- Offender receives in
trust or on commission or
for administration or he
denies
Imprudence –
deficiency of action,
meaning the failure of
a normal person to
adopt necessary
precautions when the
matter has already
been foreseen.
Negligence –
deficiency of
perception or lack of
foresight. It’s the
failure to foresee what
any normal person
would foresee.
Doctrine of Contributory
Negligence – ground for
mitigating liability. One
cannot allege the
negligence of another to
evade the effects of his
own negligence.
Emergency Rule – A
person who is confronted
with a sudden emergency
may be left with no time
for deliberate thought
and must make a speedy
decision based largely on
impulse or instinct
Types of Imprudence Act is still done voluntarily but Person Elements of voluntariness: Reckless v. Simple Any person who shall
under 365: without malice, doing or failing to do performing or 1. Freedom commit any act had
an act from which material damage failing to 2. Intelligence Reckless- immediate it been intentional
Reckless imprudence results by reason of inexcusable lack perform the act 3. Intent/Negligence (if personal harm is should constitute:
- Single crime of precaution. by culpa) threatened and danger
- Prior conviction is visible Grave – A. mayor,
or acquittal of Penalizes the mental attitude behind max to PC, med
R.I. bars the the act Simple- not immediate
subsequent and danger is not Less grave – A.
prosecution for openly visible mayor, min and med
the same quasi-
offense Light – A. menor,
- Art. 48 does not max
apply to acts
penalized under
365
- Prosecutions
under 365 should
proceed from a
single charge
regardless of
the number or
severity of the
consequences
Simple Imprudence Mere lack of precaution in a Grave – A. mayor,
situation where the threatened harm med and max
is not immediate or the danger is
not openly visible. Less grave – A.
mayor, min.
“The penalty next higher Qualifying circumstance (sort of) Person who V. Art. 275
in degree to those failed to lend on (Abandonment of
provided for in this the spot to the person in danger)
article shall be imposed injured parties
upon the offender who 275 – penalizes anyone
fails to lend on the spot who shall fail to help or
to the injured parties render assistance to
such help as may be in his another whom he has
hands to give.” accidentally
wounded/injured.
(Supposedly no crim.
Liability but is
penalized for failing to
help or render
assistance)