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cri176 m1-2
p3
19-20
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What is the purpose of
law enforcement
in relation to
firearms offences
?
To prevent, detect, and investigate firearms offences
Why is it vital for
practitioners
in the
criminal justice system
to respond effectively to
firearms crimes
?
Because it ensures tailored support and advice for effective crime response
What are the key components of an effective
criminal justice
response to
firearms offences
?
Tailored support and advice
Training to improve
investigative skills
Specialized training for
equipment operation
Safe storage of
seized weapons
What is the basic
principle of legality
in criminal law?
No one can be
convicted
of a crime that does not exist
What are the three constitutive elements of a
crime
?
A
criminal
act, criminal intent, and
concurrence
of the two
What is
'actus reus'
in
criminal
law?
A criminal act or the objective element of a crime
What is
'mens rea'
in criminal law?
Criminal intent
or the subjective element of a crime
How does
intent
differ from
motive
in criminal law?
Intent is the purpose to commit a crime, while motive is the reason behind it
What are the stages of execution of a criminal act?
Attempted
Consummated
Frustrated
What does it mean for a
felony
to be
'consummated'
?
A felony is consummated when all
elements
necessary for its execution are present
What is meant by a
'frustrated'
felony
?
A frustrated felony occurs when all acts of execution are performed but do not produce the intended result
Who has the
burden of proof
in establishing a criminal offence?
The
prosecution
has the burden of establishing all elements of an offence
What is a
'crime gun'
?
A crime gun is a
firearm
that is possessed unlawfully or has been used in the
commission
of a crime
What are the types of
firearms offences
?
Illicit use
Illicit possession
Illicit manufacture
Illicit trafficking
How can firearms and ballistic matching aid criminal investigations?
They provide information that can be used for intelligence gathering and analysis
What types of evidence can
firearms
and their surrounding area provide at a
crime scene
?
Evidence from a
victim's
firearms-related injury
Evidence from a
criminally discharged
firearm
Evidence from discovered firearm parts or ammunition
Evidence from
unlawfully manufactured
or converted firearms
What should be documented when collecting
firearm
evidence at a
crime scene
?
The identity of the firearm and its
markings
What should be done if a
firearm
has no
serial number
during evidence collection?
Mark the firearm with
initials
and the
time and date
on a non-removable part
What general information is needed in filing a complaint for firearm cases?
Name of the accused
Designation of the offense
Acts or omissions constituting the offense
Name of the offended party
Approximate date of the commission
Place of the offense
What is required in a
complaint
regarding the name of the
accused
?
The complaint must state the name or a
fictitious
name if unknown
What must the
designation
of the
offense
in a complaint include?
It must state the offense given by the
statute
and the acts constituting the offense
How should the
acts or omissions
constituting
the offense be stated in a
complaint
?
In
ordinary
and concise language sufficient for common understanding
What is the significance of stating the place of commission of the offense in a
complaint
?
It must be understood from the allegations that the offense occurred within the court's
jurisdiction
Is it necessary to state the
precise
date of the offense in a complaint?
No, unless it is a
material ingredient
of the offense
What must be included in the
complaint
regarding the name of the
offended party
?
The name or any
appellation
of the person against whom the offense was committed
What constitutes a
money laundering
offense under
RA 10365
?
Transacting monetary instruments or property related to
unlawful activity
Converting, transferring, or disposing of such instruments or property
Concealing
or disguising the true nature of such instruments or property
Attempting
or conspiring to commit money laundering
Aiding
or abetting in money laundering offenses
What is the purpose of
RA 10365
?
To further strengthen the
Anti-Money Laundering Law
What constitutes a
money laundering
offense?
It involves transactions or actions related to proceeds of
unlawful
activity
What is one action that constitutes
money laundering
?
Transacting a
monetary instrument
that represents
unlawful proceeds
What does the term "
covered person
" refer to?
Entities regulated by the
Bangko Sentral ng Pilipinas
What is a "
covered transaction
"?
A transaction involving more than
Php500,000
within one banking day
What is a "
suspicious transaction
"?
A transaction that lacks legal justification or deviates from a
client's
profile
What are the stages of money laundering?
Placement
: Initial entry of "dirty" cash into the financial system.
Layering
: Complex transactions to obscure the source of funds.
Integration
: Money is returned to the criminal from seemingly legitimate sources.
What is the primary purpose of the
placement stage
in
money laundering
?
To relieve the criminal of holding large amounts of cash
What happens during the
layering stage
of
money laundering
?
Funds
are moved internationally to obscure their source
What is the goal of the
integration stage
in
money laundering
?
To reunite the laundered money with the
criminal
without raising suspicion
What are some common methods of money laundering?
Smurfing
: Breaking large amounts into smaller transactions.
Electronic money
: Using malware or phishing to acquire funds.
Offshore accounts
: Placing money in jurisdictions with lax laws.
Money mules
: Smugglers carrying cash across borders.
Cryptocurrencies
: Using digital currencies for anonymous transactions.
Casinos
: Exchanging chips for checks without gambling.
What is "
smurfing
" in the context of
money laundering
?
Breaking large amounts of cash into smaller
transactions
How do
offshore accounts
facilitate
money laundering
?
By placing money in countries with less stringent
anti-money laundering
laws
What role do
cryptocurrencies
play in
money laundering
?
They provide
anonymity
and can facilitate large transfers without strict regulations
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