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Crime: Definition
It is an act committed or omitted in violation of the law. It is composed of two elements:
(1) Criminal Act and
(2) Evil/Criminal Intent
Criminal Actions
Deal with acts or offenses against public welfare.
Misdemeanor
Is a general name for a criminal offense in law which does not amount to felony.
Felony
Is a public offense for which a convicted person is liable to be sentenced to death or to be
imprisoned in a penitentiary or prison.
Is committed with deceit (dolo) & fault (culpa).
Criminal Negligence,
mala in se and mala prohibita
Criminal Negligence committed by means of fault (culpa); deceit (dolo), and those which are
punished by special law.
Criminal Intent
Is the state of mind of a person at the time the criminal act is committed.
Two elements of deliberate intent: freedom and intelligence
Freedom: Act done with thought and with power to choose between two things
Intelligence: Ability to determine the morality of human acts, as well as the capacity to
distinguish between a licit or illicit act.
Aggravating Circumstances
Are those attending the commission of crime and which increased the criminal liability of the
offender to make his guilt more severe.
- Advantage of public position
- In contempt or insult to public authorities
- Committed with insult or in disregard of the respect of the offended party on
account of his or her rank, age or sex that is committed in the dwelling of the
offended party
- Abuse of confidence or obvious ungratefulness
- Committed in the place of worship
- Committed on occasion of epidemic, conflagration, shipwreck or other calamity
or misfortune
- In consideration of a price or reward or promise
- Committed by means of fire, explosion, stranded of a vessel
- With evident premeditation
- Craft, fraud or disguise
Alternative Circumstances
Are those which must be taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and other conditions attending in commission.
These are the relationship, intoxication and degree of instruction, and degree of education of
the offender.
Should be taken consideration when the offended party is the spouse, ascendant or
descendant, legitimate, natural or adopted or relatives.
- Lack of education is not mitigating in rape, forcible abduction, arson, treason, seduction,
acts of lasciviousness, heinous crime.
Criminal Liability
Nurse may incur criminal liability or subject herself to criminal prosecution either by
committing a felony or by performing an act which would be an offense against person or
property.
Ignorance of the law is not an excuse for failure to comply therewith.
Violators of the criminal law cannot escape punishment on the ground of ignorance of the law.
Liability
An obligation or duty which is owed by one person to another to refrain from some
course or conduct injurious to the latter or to perform some act or to do something for
the benefit of the latter and for breach of which the law gives the remedy to the latter as
damages, restitution, specific performance, and / or injunction.
Simply the legal responsibility for acts or failure to act according to standards, protocols
or policies of the hospital, resulting in another persons injury or death.
It means legal accountability or obligation to pay money, do or refrain to do something,
and / or serve penalty as adjudged by the court or administrative body.
Examples: Liabilities of Nursing
Liability for injury to patient
Liability for sponge left in the patients abdomen
Liability for a safety pin left in patients abdomen
Liability for defective equipment
Liability for death for patient who jump from window of his room
Liability for negligence of surgical nurse
Liability for rupture of surgical wound.
Liability for burns for suffered by patient
Liability for burns from hot water bags
Liability for negligence of nurse employees
Liability for death of infant resulting from injection of digoxin
Liability of nurse performing administrative work
Lawsuits
Actions brought to the court or tribunal.
Any action, complaint, charge, case or legal proceeding brought before the court of law,
tribunal or quasi-judicial body, in which the party commencing the case seeks a legal remedy.
It is initiated by any person who is called the plaintiff in civil action or the complainant in other
lawsuits, against another who is called the defendant in civil actions or the respondent in
administrative case or the accused in criminal case.
Lawsuits (cont.)
Three (3) basic lawsuits are civil, criminal and administrative.
The parties in a lawsuit:
a. Civil actions, the plaintiff against the defendant.
b. Criminal Actions, the people against the accused.
c. Administrative cases, the complainant against respondent.
Legal Doctrine
A framework, set of rules, procedural steps, or test, often established through precedent in the
common law through which judgments can be determined in a given legal case or lawsuit.
Generally accepted principle of law which is being used or applied in the resolution of cases, be
it administrative, civil or criminal.