This document provides an overview of key concepts in criminal law, including:
1) Criminal law defines crimes and establishes their punishment, regulating conduct that threatens public safety. It is distinguished from criminal procedure, which describes how criminal laws are enforced.
2) There are different theories of criminal law, such as the classical theory which emphasizes free will and retribution, and the positivist theory which views criminals as born rather than made.
3) The Revised Penal Code of 1932 is a primary source of criminal law in the Philippines, defining felonies and establishing rules for criminal liability, penalties, and the extinction of criminal liability. It covers various crimes organized into books.
4) Criminal laws generally
This document provides an overview of key concepts in criminal law, including:
1) Criminal law defines crimes and establishes their punishment, regulating conduct that threatens public safety. It is distinguished from criminal procedure, which describes how criminal laws are enforced.
2) There are different theories of criminal law, such as the classical theory which emphasizes free will and retribution, and the positivist theory which views criminals as born rather than made.
3) The Revised Penal Code of 1932 is a primary source of criminal law in the Philippines, defining felonies and establishing rules for criminal liability, penalties, and the extinction of criminal liability. It covers various crimes organized into books.
4) Criminal laws generally
This document provides an overview of key concepts in criminal law, including:
1) Criminal law defines crimes and establishes their punishment, regulating conduct that threatens public safety. It is distinguished from criminal procedure, which describes how criminal laws are enforced.
2) There are different theories of criminal law, such as the classical theory which emphasizes free will and retribution, and the positivist theory which views criminals as born rather than made.
3) The Revised Penal Code of 1932 is a primary source of criminal law in the Philippines, defining felonies and establishing rules for criminal liability, penalties, and the extinction of criminal liability. It covers various crimes organized into books.
4) Criminal laws generally
Criminal Law Concepts & Principles More stress on the felonious act
Lecture (16 March 2017) than upon the offender.
Applies to heinous crimes CRIMINAL LAW Positivist Is the body of law that relates to Criminals are born not made crime. It regulates social conduct Man is occasionally subdued by a and prescribes whatever is morbid or strange phenomenon threatening, harmful, or otherwise which constraints him to do wrong endangering to the property, contrary to his volition. health, safety, and moral welfare Eclectic or Mixed of people. It includes the A combination of positivist and punishment of people who violate classical theories where crimes these laws. that have economic and social A body of rules and statutes that causes must be dealt with a defines conduct prohibited by the modicum of compassion. government because it threatens and harms public safety and DOCTRINES/MAXIMS ON CRIMINAL welfare and that establishes LAW punishment to be imposed for the commission of such acts. Pro Reo Whenever a penal law is to be CRIMINAL LAW VS. CRIMINAL construed or admits of different PROCEDURE interpretations, one lenient and one strict to the offender, that Criminal Law interpretation which is lenient to A branch of municipal law which the offender will be applied. defines crimes, treats of their Nullum Crimen, Nulla Poena Sine nature and provides for their Lege punishment. There is not crime when there is The term criminal law generally not law punishing the same refers to substantive criminal laws Actus Non Facit Reum, Nis Mens Sit Substantive criminal laws define Rea crimes and may establish The act cannot be criminal unless punishments the mind is criminal Criminal Procedure Describes the process which the CHARACTERISTICS OF CRIMINAL criminal laws are enforced. LAW
THEORIES OF CRIMINAL LAW Generality
Law is binding to all persons who Classical reside in the Philippines The basis of criminal liability is Territoriality human free will to choose Law is binding to all crimes between good and evil and crime committed in the Philippines within can be prevented by severe the Philippine National Territory. punishment or retribution. Prospectivity Penal Law does not have Crimes against Personal Liberty retroactive effect. and Security EXCEPTION: When the new Crimes against Property penal law is favorable to the Crimes against Chastity accused. Crimes against the Civil Status of Persons SOURCES OF LAW Crimes against Honor Revised Penal Code Criminal Negligence Special Penal Laws LIMINTATIONS ON LEGISLATURE REVISED PENAL CODE Took effect on January 1, 1932 On enactment of Special Penal Laws: Must be general in application Book 1 Must not partake of the nature of The general principles of criminal an Ex Post Facto Law law Must not partake on the nature of The general provisions on the a Bill of Attainder application of law Must not impose cruel and It defines FELONIES unusual punishment or excessive Defines circumstances which fines affect criminal liability justifying circumstances and circumstances APPLICATION OF PHILIPPINE which exempt, mitigate, or CRIMINAL LAWS aggravate criminal liability. Penal Laws shall be enforced Defines the classification, within the Philippine Archipelago, duration, and effects of criminal including its atmosphere, interior penalties. waters, and maritime zone. Provides for the extinction and Penal Laws shall be obligatory survival of criminal and civil upon all who live or sojourn in the liabilities in crimes Philippine territory. Book 2 EXCEPT as provided for in the Crimes against National Security treaties and laws of preferential and the Law of Nations application, the provisions of the Crimes against the Fundamental revised penal ode shall be Laws of the State enforced not only within the Crimes against Public Order Philippine archipelago, including Crimes against Public Interest its atmosphere, its interior waters Crimes relative to Opium and and maritime zone Other Prohibited Drugs (Amended Territorial within the Philippine by R.A. 9265 or the Anti- Jurisdiction Dangerous Drugs Act) Crimes against Public Morals EXCEPTIONS: EXTRA-TERRITORIAL Crimes committed by Public APPLICATION Officers Against one who commits an Crimes against Persons offense while on a Philippine ship or airship Against one who forges or ethnicity was a factor in the counterfeits any coin, currency, or commission of the crime. note of the Republic of the Individual persons who, although Philippines or obligations and physically outside the territorial securities issued by the limits of the Philippine government of the Philippines. Government, commit the said Against those who should be crimes directly against the liable for acts connected with the Philippine Government (R.A. introduction into these islands of 9372) the obligations and securities mentioned in the preceding FELONY VS. CRIME number Against public officers and Felony employees who commit an Acts or omissions punishable by offense in the exercise of their the Revised Penal Code functions Requisites: Against one who should commit o An act or omission any of the crimes against national o Punishable by the Revised security, and the law of nations, Penal Code defined in Title One of Book Two o Said act was performed by of the Revised Penal Code (RPC) means of dolo or culpa Individual persons who, although Crime physically outside the territorial Acts or omissions punishable by limits of the Philippines, commit, any penal law. conspire or plot to commit any of the crimes punished in R.A. 9372 Dolo (deceit) inside the territorial limits of the Act performed with deliberate Philippines intent. Individual persons who, although Requisites: physically outside the territorial o Freedom limits of the Philippines commit o Intelligence any of the said crimes on board o Intent Philippine ship or airship. Individual persons who commit Culpa (fault) any of the said crimes within any Wrongful act results from embassy, consulate, or diplomatic imprudence, lack of foresight, or premises belonging to or occupied lack of skill by the Philippine Government in Requisites: an official capacity. o Freedom Individual person who, although o Intelligence physically outside the territorial o Imprudence, lack of limits of the Philippines, commit foresight, lack of skill said crimes against Philippine o Lack of intent citizens or persons of Philippine descent, where their citizenship or Mala in se Motive Acts which are inherently evil or The reason why a person commits bad or wrongful per se. an act. Violations of the Revised Penal What impels a person to commit Code an act for a definite result Good faith is a defense. Not an element of a crime Not a determinant of criminal Mala prohibita liability without the overt act of Violations of Special Laws execution. Good faith is not a defense When the act penalized is not Desistance of the Offended Party inherently wrong but is wrong only Negates the criminal liability of the because a law punishes its offender commission. Dismissal of the case which has an effect that the complaint Proximate Cause involving the same subject matter, That cause, which in a natural and evidence, and parties can no continuous sequence, unbroken longer be re-filed. by any efficient intervening cause, produces the injury and without which the result would not have occurred. Such adequate and efficient cause, in the natural order of events, and under the particular circumstances surrounding the case, which would necessarily produce the event Intent The purpose to use a particular means to achieve a desired result An element of a crime Kinds of Intent: o General Criminal intent Presumed by from the mere doing of a wrongful act Does not require proof. o Specific Criminal Intent Not presumed because it is an element of a crime. Must be proven by the prosecution