MOCK BAR EXAMINATION QUESTIONS INCRIMINAL LAW

54. A person under fifteen does not incur criminal liability because minority is a justifying circumstance.

a. Trueb. False. Minority is always a justifying circumstance whether or not the minor acted with

discernment.c. False. Minority is a mitigating circumstance.d. False. Minority is an exempting and not justifying circumstance.e. False. Minority is never a circumstance affecting criminal liability.

55. Any public officer who, shall appropriate public funds, or property or shall take or misappropriate or shall consent or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall be guilty of malversation of public funds or property.

a. Trueb. False. The act described is illegal use of public funds or property.c. False. The crime is not committed through abandonment or negligence.d. False. The public officer should be one accountable for public funds or property.e. False. The crime is failure to render accounts of public funds or property.

56. Lack of motive is indicative of the innocence of the accused.

a. Trueb. False, because motive is not a requisite of felonies committed by means of dolo.c. False because intent and motive are synonymous.d. False because motive being a mental process cannot be proven by evidence.

57. X was present at the scene of the crime and witnessed Y set fire to a house. X, however, did not give alarm nor report to the authorities the commission of the crime. X is an accomplice in the crime of arson.

a. Trueb. False, X is a principal by indispensable cooperation.c. False, because X has not committed any felony there being no law that punishes a

person who does not report to the authorities the commission of a crime.d. False, because X is liable for the crime of failure to report commission of a felony.

58. X and Y after breaking the wall of the bodega through which they entered the same, removed a sack of sugar from the pile; but they were caught in the act of taking it out through the opening on the wall. A and B are liable for consummated robbery.

a. Trueb. False, A and B are liable for attempted robbery only because the act of taking out is

merely an overt act to commence the crime of robbery.c. False, A and B are liable for consummated trespass to dwelling.d. False, A and B are liable for attempted robbery because the failure to take out the

sack was due to a cause other than the will of A and B.