CLASSICAL POSITIVIST

Basis of criminal
liability
Human free will The sum of social
and economic
phenomena to
which the actor is
exposed.

Purpose of
penalty
Retribution Prevention or
correction.

Exemplified in The RPC in general The provisions in
impossible crimes
and habitual
delinquency

MALA IN SE

MALA PROHIBITA
1. As to moral
trait of the
offender
The moral trait is
considered. Liability
will arise only when
there is dolo or culpa.
The moral trait of the
offender is not
considered. It is
enough that the
prohibited act was
voluntarily done.

2. As to use of
good faith as a
defense

Good faith or lack of
criminal intent is a
valid defense; unless
the crime is the result
of culpa.
Good faith is not a
defense.
3. As to degree
of accompl-
ishment of the
crime

The degree of
accomplishment of
the crime is taken into
account in punishing
the offender.
The act gives rise to a
crime only when it is
consummated.
4. As to
mitigating and
aggravating
circum-stances
Mitigating and
aggravating
circumstances are
taken into account in
imposing the penalty.
Mitigating and
aggravating
circumstances are
not taken into
account.
5. As to degree
of participation
When there is more
than one offender, the
degree of participation
of each in the
commission of the
crime is taken into
account.
Degree of
participation is not
taken into account.
All who participated
in the act are
punished to the
same extent.

6. As to what
laws are violated
Violation of the RPC
(General rule)
Violation of Special
Laws (General rule)