Criminal Law 1.1

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CRIMINAL LAW I melcon s. lapina

Coverage of Criminal Law I : 

Coverage of Criminal Law I Arts. 1-2: Preliminary Title: Date of Effectiveness and Application of the Provisions of this Code (RPC) Arts. 3-15: Title One: Felonies and Circumstances which Affect Criminal Liability Arts. 16-20: Title Two: Persons Criminally Liable for Felonies melcon s. lapina

Slide 3: 

Arts. 21-88: Title Three: Penalties Arts. 89-99: Title Four: Extinction of Criminal Liability Arts. 100-113: Title Five: Civil Liability melcon s. lapina

Definition of Criminal Law : 

Definition of Criminal Law It is that branch of law which defines crimes, treats of their nature and provides for their punishment. melcon s. lapina

Types of Crimes : 

Types of Crimes Felony – punishable by the Revised Penal Code (RPC) Offense – punishable by Special Laws Infraction – punishable by city/municipal ordinance melcon s. lapina

Sources of Criminal Law : 

Sources of Criminal Law Spanish Codigo Penal Revised Penal Code (Act No. 3815, enacted December 8, 1930 and took effect on January 1, 1932) Special Penal Laws (Commonwealth Acts, Republic Acts, Presidential Decrees, Executive Orders, and Batas Pambansa) melcon s. lapina

Power to Define and Punish Act as Crime : 

Power to Define and Punish Act as Crime This power is vested upon the Legislative Branch of Government. In many instances in our history, however, this power was also exercised by the Executive Branch. Thus, we have Commonwealth Acts, Presidential Decrees and Executive Orders. melcon s. lapina

Limitations on Power to Enact Penal Laws : 

Limitations on Power to Enact Penal Laws Penal laws must be general in application. Penal laws must not partake the nature of an EX POST FACTO LAW – one that punishes an act or omission done before the effectivity date of the law. Penal laws must not partake the nature of a BILL OF ATTAINDER – one which punishes without the benefit of due process. melcon s. lapina

Slide 9: 

Penal laws must not impose cruel and unusual punishment nor excessive fines. melcon s. lapina

Characteristics of Criminal Law : 

Characteristics of Criminal Law Generality Territoriality Prospectivity melcon s. lapina

Generality : 

Generality It means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. It is subject to certain EXCEPTIONS by INTERNATIONAL AGREEMENT. melcon s. lapina

Exceptions to Generality : 

Exceptions to Generality Effect of exceptions: Persons covered are immune from criminal prosecution. These persons include: (1) heads of states, (2) ambassadors, and (3) other diplomatic officials melcon s. lapina

Territoriality : 

Territoriality Penal laws of the country have force and effect only WITHIN its TERRITORY. It is subject to certain exceptions by international agreements and practice. Meaning, penal laws may apply OUTSIDE of its TERRITORY. melcon s. lapina

Composition of Territory : 

Composition of Territory Territorial Jurisdiction: The jurisdiction exercised of a country over bodies of land, defined in the Constitution. Fluvial Jurisdiction: The jurisdiction over maritime and interior waters. Aerial Jurisdiction: The jurisdiction over the atmosphere. melcon s. lapina

Exceptions to Territoriality : 

Exceptions to Territoriality This is taken up in Art. 2 of the Revised Penal Code (RPC). melcon s. lapina

Prospectivity : 

Prospectivity It means that acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect. It is subject to certain EXCEPTIONS. melcon s. lapina

Exceptions to Prospectivity : 

Exceptions to Prospectivity Effect: The law may be given retroactive effect, that is, the (new) law may apply to those persons covered under the old law, provided the following are present: The (new) law is favorable to the offender; The offender is not a habitual delinquent; and There is no provision in the (new) law against its retroactive application. melcon s. lapina

Philosophies underlying Criminal Law System : 

Philosophies underlying Criminal Law System Classical/Juristic Philosophy Positivist/Realistic Philosophy Eclectic/Mixed Philosophy melcon s. lapina

Classical/Juristic Philosophy : 

Classical/Juristic Philosophy “An eye for an eye, a tooth for a tooth” philosophy. The purpose of penalty is RETRIBUTION. The offender is made to suffer for the wrong he has done. There is scant regard for the human element of the crime. The law does not look into why the offender committed the crime. melcon s. lapina

Classical/Juristic Philosophy…cont. : 

Capital punishment is a product of this school of thought. Man is regarded as a moral creature who understands right from wrong. So that when he commits a wrong, he must be prepared to accept the punishment therefor. melcon s. lapina Classical/Juristic Philosophy…cont.

Positivist/Realistic Philosophy : 

Positivist/Realistic Philosophy The purpose of penalty is REFORMATION. There is great respect for the human element because the offender is regarded as socially sick who needs treatment not punishment. Crimes are regarded as social phenomena which constrain a person to do wrong although not of his own volition. melcon s. lapina

Eclectic/Mixed Philosophy : 

Eclectic/Mixed Philosophy This combines both positivist and classical thinking. Crimes that are economic and social nature should be dealt with in a positivist manner, thus the law is more compassionate. Heinous crimes should be dealt with in a classical manner, thus capital punishment. melcon s. lapina

Mala In Se and Mala Prohibita : 

Mala In Se and Mala Prohibita Mala in se literally means that the act is inherently evil or bad or per se wrongful. Mala prohibita are said to be crimes which become wrong only because a law punishes the same. melcon s. lapina

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