Reference no: EM133495335

Question

1. No security measure may be imposed without prior psychiatric or psychological examination and report of the person, conducted by a court-appointed psychiatrist or clinical psychologist and a social report by an evidentiary officer.

True

False

2. To determine recidivism, the following rules shall apply:

a. A previous crime will not be taken into consideration if between it and the next one ten (10) years have elapsed since the person finished serving his sentence for said crime.

b. Any conviction under the repealed Penal Code or under a special law that carries the classification of a serious crime will be taken into consideration.

c. Any conviction in jurisdiction outside Puerto Rico for an act that constitutes a felony in Puerto Rico will be taken into consideration. If it has a classification of less serious in Puerto Rico, it will not be taken into account.

d. Acts committed before the person reached the age of eighteen (18) shall not be taken into consideration, except in cases excluded from the jurisdiction of the Court of First Instance, Juvenile Chamber, as established by law, and those in which said court has waived its jurisdiction.

e. All of the above options are correct.

3. Criminal proceedings are terminated by: (could be more than one)

a. Death

b. Illness

c. Pardon

d. Special amnesty that so provides.

e. Repentance

f. Prescription

g. Archiving by reason of special legislation that so provides.

4. Our Criminal Code defines offences against public morals.

True

False

5. The penalties established by the Criminal Code for legal persons are as follows: (could be more than one)

a. Fine

b. Suspension of activities

c. Cancellation of the Certificate of Incorporation

d. Dissolution of the entity

e. Suspension or revocation of license, permit or authorization

f. Restitution

g. Imprisonment

h. Probation

i. Home Restriction

6. Our Penal Code does not criminalize the desecration of corpses or ashes.

True

False

7. Our Penal Code classifies crimes in the general part.

True

False

8. Our Penal Code classifies crimes in the general part.

True

False

9. Our Penal Code, recognizing the importance of technological advances, allows the use of technologies to alter the human genome for purposes other than diagnosis, treatment or scientific research.

True

False

10. Criminal proceedings shall be subject to a statute of limitations: (could be more than one)

a. At five years, in serious crimes, and in serious crimes classified in the special law.

b. It never prescribes.

c. Per year, in less serious crimes, except those arising from violations of tax laws and any less serious crime, committed by public officials or employees in the performance of their duties, which will prescribe after five (5) years.

d. The crimes of concealment and conspiracy shall expire after ten (10) years, when committed in relation to the crime of murder.

e. At ten (10) years, in the crimes of homicide

f. At fifty (50) years, in the crimes of murder.

g. At twenty (20) years, in the crimes of sexual assault, incest and lewd acts. The provisions of subparagraphs (a) and (b) of this Article do not apply to special laws whose crimes have a longer statute of limitations than that proposed herein.

11. The security measure may be imposed only by court ruling and it excludes the penalty.

True

False

12. We can say that our Penal Code is an advanced one.

True

False

13. Even if the evolution of a person under security measure is favorable to treatment, the court can reasonably deduce that the cure and rehabilitation of the sentenced person can be carried out in freedom with supervision, since the sentenced person is no longer dangerous, internment may cease, subject to the provisions of the special laws on the matter.

True

False

14. Our Penal Code, by criminalizing arson and havoc, protects collective security.

True

False