Criminal Law 1- Part 1222222

Criminal Law 1Revised Penal Code Book ICriminal Law - a branch of municipal law which defines crimes,treats of their nature and provides for their punishment.Characteristics of Criminal Law1. eneralit!". #erritorial$. Prospectiveeneral - bindin% on all persons who reside or so&ourn in the Philippines.'(ceptions)1. #reat! stipulation". Laws of preferential application$. Principles of Public international law.'(amples) a. *overei%ns and other head of state.b. +mbassador,minister plenipotentiar!,minister resident and char%es d, affaires.- But consuls,vice-consuls and other forei%n commercial representatives can not claim the privile%es and immunities accorded to ambassadors and ministers#erritorial - penal laws of the Philippines are enforceable onl! within its territor!.'(ceptions) +rticle " of the RPC - bindin% even on crimes committed outside of the Philippines.1. .ffenses committed while on Philippine ship or airship.". /or%in% or counterfeitin% an! coin or currenc! note of the Philippines or the obli%ations and securities issued b!the %overnment.$. Introduction into the countr! of the above mentioned obli%ations and securities.0. 1hile bein% public officers and emplo!ees,an offense is committed in the e(ercise of their functions.2. Crimes a%ainst national securit! and the law of the nations defined in title I of Book II.Prospective - the law does not have retroactive effect.'(ceptions) 1hen the law is favorable to the accused.'(ception to the e(ception)1. #he new law is e(pressl! made inapplicable to pendin% actions or e(istin% causes of action". .ffender is a habitual criminal.#heories of Criminal Law1. Classical #heor! - basis is man,s free will to choose between %ood and evil,that is wh! more stress is placed uponthe result of the felonious act than upon the criminal himself.#he purpose of penalt! is retribution.#he RPC is %enerall! %overned b! this theor!.". Positivist #heor! - basis is the sum of social and economic phenomena which conditions man to do wron% in spiteof or contrar! to his volition.#his is e(emplified in the provisions on impossible crimes and habitual delin3uenc!.$. 4i(ed theor! - combination of the classical and positivist theories wherein crimes thatare economic and social in nature should be dealt in a positive manner.#he law is thus more compassionate.Construction of Penal Laws1. Liberall! construed in favor of offender'(ample) a. #he offender must clearl! fall within the terms of the law.b. +n act is criminal onl! when made so b! the statute". In cases of conflict with official translation,ori%inal *panish te(t is controllin%.$. 5o interpretation b! analo%!.Limitations on power of con%ress to enact penal laws1. '( post facto law". Bill of attainder$. Law that violates the e3ual protection clause of the constitution.0. Law which imposes cruel and unusual punishment nor e(cessive fines.+rt. 1 #ime 1hen +ct #akes effect - RPC took effect 6an. 1,17$".+rt. " +pplication of its provisions.Rules)1. Philippine vessel or airship - Philippine laws shall appl! to offenses committed in vessels re%istered with the Philippine Bureau of Customs.It is the re%istration not citi8enship of the owner which matters.". /orei%n vessel a. /rench rule - eneral Rule - Crimes committed aboard a forei%n vessel within the territorial waters of a countr!are not triable in the courts of such countr!.'(ception) Commission affects the peace and securit! of the territor! or the safet! of the state is endan%eredb. 'n%lish Rule - eneral Rule - Crimes committed aboard a forei%n vessel within the territorial waters of a countr! are triable in the courts of such countr!.'(ceptions) 1hen the crime merel! affects thin%s within the vessel or it refers to the internal mana%ement thereof.#his is applicable in the Philippines.#itle .ne/elonies and Circumstances which +ffect Criminal Liabilit! Chapter .ne)/elonies+rt. $ 9efinitions /elonies - +cts and omissions punishable b! the RPC.Crime - +cts and omissions punishable b! an! law.+ct - +n overt or e(ternal act..mission - /ailure to perform a dut! re3uired b! law.'lements)/elonies1. #here must be an act or omission". #his must be punishable b! the RPC$. +ct or omission was done b! means of dolo or culpa5ullum Crimen,5ulla Poena *ine Le%e - #here is no crime when there is no law punishin% it.Classification of /elonies +ccordin% to the means b! which the! are committed)1. Intentional felonies - b! means of deceit :dolo; Re3uisites)a. /reedomb. Intelli%encec. Intent4istake of fact - misapprehension of fact on the part of the person who caused in&ur! to another.alid defense unless the crime is the result of culpa.#aken into account#aken into account in imposin% penalt!1hen there is more than one offender,it is taken into considerationeneral rule) RPC 4ala Prohibita5ot considered5ot a defense.Intent not necessar!.*ufficient that the offender has the intent to perpetrate the act prohibited b! the special law.#aken into account onl! when consummated.enerall! not taken into account.enerall! not taken into account.eneral rule) *pecial penal lawsIntent1. Purpose to use a particular means to effect a result". 'lement of crime e(cept in crimes committed withculpa.$. 'ssential in intentional felonies.4otive1. 4ovin% power which impels one to act.". 5ot an element.$. 'ssential onl! when the identit! of the felon is in doubt.+rt. 0 Criminal Liabilit!Para%raph 1 - Criminal liabilit! for a felon! committed different from that intended to be committed.Re3uisites)1. /elon! has been committed intentionall!.". In&ur! or dama%e done to the other part! is the direct,natural and lo%ical conse3uences of the felon!.