Crimes and the midwives

1. CRIMES AND
THE MIDWIFE

2. Crime is an act or omission punishable by law. Any act that is
committed by the midwife in her practice that is beyond her scope
and causes serious damage or death of the patient or commission
of an act against other person can be considered as crime.
Criminal Liability may be incurred to a midwife if she herself has
committed a felony or an act which would be an offense against
another person or property.
Criminal Law is the branch of law that defines crimes, treats of
their nature and provides their punishment.

3. Party Planning
INVITE ADORN DANCE
CRIMES
PUNISHABLE
BY LAW

4. FELONY
is an act or omission that is committed by means of deceit (dolo)
and fault (culpa). Deceit is committed when there is a deliberate
intent and when a wrongful act that has resulted from
imprudence, negligence, lack of skills is committed is considered
as fault.
Deliberate intent is described as an act or omission that is
committed with freedom and intelligence and the person is below
nine years of age. A person without intelligence cannot decide what
is wrong and right.

5. Classification of Felonies According to Stages of Execution
Attempted Felony is considered when the offender commences the
commission of felony directly by over acts and does not perform all
the acts of execution which should produce the felony by reason of
some cause or accident other than his own spontaneous desistance.
Frustrated Felony is committed when the offender performs all the
acts of execution which would produce felony as a consequence did
not produce it by reason of causes independent of the will of the
perpetuator.
Consummated Felony is a felony that consummated all the
elements necessary for the execution and accomplishment is
present

6. Classification of Felonies According to their Gravity
Grave Felonies are those which the law punishes with capital punishment of Capital
Punishment (death penalty), Reclusion Perpetua (imprisonment from twenty to
forty years), and Prison Mayor
Less Grave Felonies are those which the law punishes with any correctional
penalties. Correctional penalties include: Prison Correctional (imprisonment
from six months and one day to six years): Destierro (restriction of a freedom
from six months and one day to six years); and Arresto Mayor (imprisonment of
one month and one day to six months).
Light Felonies are those punishable by law with Arresto Menor (imprisonment or
deprivation of freedom of one day to thirty days) or with a fine not exceeding
two hundred pesos (P 200.00) or both imprisonment and fine.

7. CONSPIRACY TO A CRIME
A conspiracy exists when to tow or more persons come to an agreement
concerning the commission of felony and decide to do it.
Classification of Persons who are Criminally Liable for
Conspiracy
Principals are persons who took part in the crime by: direct participation in the
commission of felony; inducing others to commit the crime; cooperating in the
commission of the act by another act to which the crime has been successfully
accomplished.
Accomplices are persons who are not principals but have cooperated in the
execution of the crime of felony by previous or simultaneous act. In criminal law it is
termed as "accessory before the fact".

8. Accessory are persons who having the knowledge of the commission of the
crime and without having participated therein, either as principals or
accomplices take part after the crime was committed.
Circumstances Affecting Criminal Liability
Justifying Circumstances are those various circumstances where the act of the
person is said to be in accordance with the law, so that said to be in accordance
with the law, so that such person is deemed not to have transgressed the law and is
free from both criminal and civil liability.
Exempting circumstances are those grounds for exemption from punishment
because of the complete absence of intelligence or freedom of action on the part
of the accused.

9. Mitigating circumstances are those that do not constitute justification or excuse
of the offense in question but which in fairness and mercy maybe considered as
extenuating or reducing moral culpability. This only reduces the liability of the
offender but do not change the nature of the crime.
Aggravating Circumstances are those attending to the commission of a crime
which increases the criminal liability of the offender or make his guilt more
severe.

10. CRIMES AGAINST PERSONS
Parricide. Any person who shall kill his father, mother, or child, whether
legitimate or illegitimate, or any of his ascendants, or descendants, or his
spouse, shall be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death.
Murder. Any person who, not falling within the provisions of Article 246 shall
kill another, shall be guilty of murder and shall be punished by reclusion
temporal in its maximum period to death, if committed with any of the
following attendant circumstances:
1.With treachery, taking advantage of superior strength, with the aid
of armed men, or employing means to weaken the defense or of
means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.

11. 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a
vessel, derailment or assault upon a street car or locomotive, fall of an airship,
by means of motor vehicles, or with the use of any other means involving great
waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive cyclone,
epidemic or other public calamity.
5. With evident premeditation; And with cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging or scoffing at his person
or corpse
Homicide. Any person who, not falling within the
provisions of Article246, shall kill another without the
attendance of any of the circumstances enumerated in the
next preceding article, shall be deemed guilty of homicide
and be punished by reclusion temporal.

12. Death caused in a tumultuous affray. When, while several persons, not composing
groups organized for the common purpose of assaulting and attacking each other
reciprocally, quarrel and assault each other in a confused and tumultuous manner,
and in the course of the affray someone is killed, and it cannot be ascertained who
actually killed the deceased, but the person of persons who inflicted serious
physical injuries can be identified, such person or persons shall be punished by
prison mayor.
Physical injuries inflicted in a tumultuous affray. When in a tumultuous affray as
referred to in the preceding article, only serious physical injuries are inflicted
upon the participants thereof and the person responsible thereof cannot be
identified, all those who appear to have used violence upon the person of the
offended party shall suffer the penalty next lower in degree than that provided
for the physical injuries so inflicted.

13. Infanticide. A crime committed by any
person who kill any child less than three
days of age
.
Giving assistance to suicide. Any
person who shall assist another to
commit suicide shall suffer the
penalty of prison mayor; if such
person leads his assistance to
another to the extent of doing the
killing himself.

14. 1.The penalty of reclusion temporal, if he shall use any
violence upon the person of the pregnant woman.
2. The penalty of prision mayor if, without using violence, he
shall act without the consent of the woman.
Intentional abortion. Any person who shall intentionally
cause by the offender shall suffer:
Abortion. It is the expulsion of the fetus
from the womb before it is capable of
sustaining life, which expulsion in its
death.

15. Unintentional abortion. This is committed by a person who without
intention of the abortion, however voluntarily employs physical
violence upon pregnant woman which causes her to abort.
Abortion practiced by a physician or midwife and dispensing of
abortive. Any physician or midwife who, taking advantage of
their scientific knowledge or skill, causes an abortion or assist
in causing the same.
Abortion practiced by the woman herself of by her parents.
Any woman who shall practice abortion upon herself or shall
consent that any other person should do so.

16. Mutilation. Any person who
shall intentionally mutilate
another by depriving him,
either totally or partially, or
some essential organ of
reproduction. Any other
intentional mutilation shall
be punished by prison
mayor in its medium and
maximum periods.

17. Physical Injuries
Serious physical injuries. Any person who shall wound, beat, or assault
another, shall be guilty of the crime of serious physical injuries.
Slight physical injuries and maltreatment are injuries or harm inflicted on a
person which incapacitates the offended party from one to nine days or
requires medical attention during the same period. Maltreatment can also be
committed by ill treatment of another person as evidence of actual injury is
present.
Less serious physical injuries are injuries inflicted by another person which
incapacitate the offended party for labor for ten days or more, or shall require
medical assistance for the same period, shall be guilty of less serious physical
injuries and of arresto mayor and shall suffer the penalty.

18. THANK YOU!