Criminal Law I Notes

Theories in Criminal Laws

1.) Classical/Juristic Theory
- Basis of criminal liability is free will and the
purpose of penalty is retribution.
- Man is essentially a moral creature with absolute
free will to choose between ood and e!il"
thereby placin more stress upon the e#ect or
result of felonious act than upon the man" the
criminal himself.
- $t has endea!ored to establish a mechanical and
direct proportion between crime and penalty
%&oculo pro oculo" dente pro dente').
- There is scant reard to the human element.
(.) )ositi!ist/*ealistic Theory
- Man is subdued occasionally by a strane and
morbid phenomenon which constrains him to do
wron" inspite of contrary to his !olition.
- Crime is essentially a social and natural
phenomenon.
+.) ,clectic/Mi-ed Theory
- )hilosophy is based on the combination of
Classical and )ositi!ist theory.
- The *e!ised )enal Code today follows this
theory/philosophy.
Characteristics of Criminal %)enal) Laws
1.) .enerality / means that the criminal law of the
country o!erns all persons within the country
reardless of their race" belief" se- or creed.
(.) Territoriality / penal laws of the country ha!e force
and e#ect within its territory.
+.) )rospecti!ity / penal laws only operate prospecti!ity
%mo!in forward)0 also called irretrospecti!ity.
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*.3. 5o. 78 / 3n act to penali9e acts which would impair the
proper obser!ance by the republic and inhabitants of the
)hilippines of the immunities" riht and pri!ilees of duly
accredited forein diplomatic and consular aents in the
)hilippines.
$t is well-settled that a consul is not entitled to the pri!ilees
and immunities of an ambassador or minister" but is sub:ect
to the laws and reulations of the country to which he is
accredited.
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>rench *ule? Jurisdiction >la country/@a country
doctrine
- ;uch crimes are not triable in the courts of that
country" unless their commission a#ects the
peace and security of the territory or the safety of
the state is endanered.
- The @a country of the !essel has :urisdiction
o!er crimes which merely a#ect thins within the
!essel or when they only refer to internal
manaement. The >rench rule is not territorial in
character.
- ,-ception? Ahen the commission of crimes
a#ects the peace and security of the territory or
when the safety of the ;tate is endanered.
,nlish *ule? Territory where the !essel is located/Territorial
doctrine
- ;uch crimes are triable in that country" unless
they merely a#ect the thins within the !essel or
they refer to the internal manaement thereof.
- Crimes committed aboard a !essel within the
territorial waters of a country are triable in the
courts of such country. The ,nlish rule is strictly
territorial.
- ,-ception? Ahen the crimes merely a#ect thins
within the !essel or when they only refer to the
internal manaement thereof.
- The )hilippines follows this rule.
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1.) $ntentional >elonies
- The act/omission of the o#ender is malicious.
- 3ccordin to 3rticle +" the act is performed with
deliberate intent %with malice).
- The o#ender has the intention to cause an in:ury
to another.
(.) Culpable >elonies
- The act/omission of the o#ender is not malicious.
- The in:ury caused by the o#ender to another
person is unintentional" thus it is another act
performed without malice.
- 3ccordin to 3rticle +" the wronful act results
from imprudence" nelience" lacB of foresiht or
lacB of sBill.
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1.) >elonies committed by means of &dolo' or with
malice
- The term &deceit' is not the proper translation of
the word &dolo.'
- 12L4; D &malice'Eintent to do an in:ury to
another.
- ,-ample? The o#ender commits an act with
malice" therefore" his act/omission is punished in
the *e!ised )enal Code by bein liable for
intentional felony.
(.) >elonies committed by means of fault or culpa
- 2#enses/acts performed without malice" yet
punishable to a lesser deree and with an eFual
resultEthe )enal Code states these acts as
imprudence or nelience.
- $mprudence indicates a deGciency of action" while
nelience indicates a deGciency of perception.
- 5elience usually in!ol!es lacB of foresiht while
imprudence usually in!ol!es lacB of sBill.
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3.) *eFuisites of 12L2
1.) >reedom / Ahen a person acts without freedom"
he is no loner a human bein but a tool.
(.) $ntellience / Aithout this power" no crime can
e-ist.
+.) $ntent / There is no felony by dolo if there is no
intent.
&3 !oluntary act is a free" intellient and
intentional act.'
B.) *eFuisites of C4L)3
1.) >reedom
(.) $ntellience
+.) Hualities/elements of a person committin C4L)3
/ an o#ender is imprudent" nelient or lacBs
foresiht or sBill.