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Lingsat,City of San Fernando,La Union,Philippines

Master of Science in Criminal Justice Education
2nd SEM. 2018

2nd Report
Fundamentals of Criminal Law

Criminal Law is that branch or division of law, which defines crimes, treats of their nature, and provides
for their punishment.

Characteristics of Criminal Law

1) General
2) Territorial
3) Prospective

Exemptions to the Territorial Character of the Revised Penal Code

Article 2 of the Revised penal Code likewise provides:

Except as provided in the treaties and laws of preferential application, the provisions of this Code shall
be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and
4. While being public officers or employees, should commit an offense in the exercise of their functions;
5. Should commit any of the crimes against national security and the law of nations;

2 Important Theories of Criminal Law

Classical Theory

1. The basis of criminal liability is human free will and the purpose of the penalty is retribution.
2. That man is essentially a moral creature with an absolutely free will to choose between good
and evil, thereby placing more stress upon the effect or result of the felonious act than upon the
man, the criminal himself.
3. It has endeavored to establish a mechanical and direct proportion between crime and penalty.
4. There is a scant regard to human element.
Positivist Theory

1. That man is subdued occasionally by a strange and morbid phenomenon which constraints him
to do wrong, in spite of or contrary to his volition.
2. That crime is essentially a social and natural phenomenon.

VICTIMLESS CRIMES refer to those crimes in which no clear victim is readily identifiable. In other words,
the only injured party is the offender, who engages in self-destructive behavior.

Examples of Victimless Crimes

1. Prostitution - is bartering of sex favor for monetary consideration, either gift or cash, without
emotional attachments between partners.
2. Pornography- is any material intended primarily to arouse sexual desires, pertaining to obscene
literature and or lascivious materials in the forms of magazine, media and television.
3. Drug Abuse – refers to the use of a drug with such frequency that it causes physical or mental
harm to the user or impairs social functioning.
4. Alcoholism
5. Gambling – is usually defined as wagering on games or events which chance largely determines
the outcome.

FELONIES - are acts and omissions punishable by Revised Penal Code.

Legal Classification of Crimes

A. Crimes against National Security and the Law of Nations. Example – Treason, Espionage, Piracy.
B. Crimes against the Fundamental Law of the State. Example – Arbitrary Detention, Violation of
C. Crimes against Public Order. Example – Rebellion, Sedition, Coup d’tat
D. Crimes against Public Interest. Example – Forgery, Falsification, Fraud.
E. Crimes against Public Morals. Example – Gambling, Vagrancy, Prostitution.
F. Crimes Committed by Public Officers. Example – Malfeasance and Misfeasance.
G. Crimes against Person. Example – Murder, Rape, Physical Injuries.
H. Crimes against Properties. Example - Robbery, Theft
I. Crimes against Personal Liberty and Security. Example – Illegal Detention, Kidnapping, Trespass
to Dwelling, Threat and Coercion.
J. Crimes against Chastity. Example – Concubinage, Adultery, Seduction, Abduction, Acts of
K. Crime against Honor. Example – Oral Defamation, Libel.