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Imprudence in Criminal Law: Quasi-Offenses

Imprudence, alongside negligence, lack of foresight, or lack of skill, pertains to quasi-offenses punished under Article 365 of the Revised Penal Code. This article deals with criminal negligence, which is treated separately from willful offenses. Article 365 itself is considered a single quasi-offense.

Kinds of Imprudence

1. Simple Imprudence: This consists of a lack of precaution where the danger impending to be caused is neither immediate nor clearly manifest.
2. Reckless Imprudence: This involves voluntarily performing or failing to perform an act without malice, resulting in material damage due to an inexcusable lack of precaution.

Nature and Distinction from Intentional Acts

Crimes committed by means of imprudence or negligence (culpa) are distinct from those committed by means of deceit (dolo). In culpa, the wrongful act is performed without deliberate intent, arising from fault, imprudence, negligence, lack of foresight, or lack of skill.

Specific Applications and Concepts

• Falsification: "Reckless imprudence resulting in falsification" is a charge mentioned in the sources, indicating that falsification can occur through reckless imprudence.
• Driving: Negligence in driving can involve reckless driving, characterized by a willful and wanton disregard for consequences. Driving very fast on the wrong side of the road is considered imprudent behavior.
• Medical Negligence: The doctrine of res ipsa loquitur applies in medical negligence cases, which are a form of criminal negligence or imprudence.