Criminal Law: Means of Social Control

CRIMINAL LAW

:MEANS OF SOCIAL CONTROL

What is Criminal Law?

Defined as that branch of public law which defines crimes, treats of their nature and provides for their punishment. It is also sometime referred to as penal law.

How Criminal Laws originated?

EARLY CODES

CODE of Hammurabi

The Hittites

Code of Drakon Laws of Solon

Romes twelve tables

The Revised Penal Code

Characteristics of Criminal Law

EARLY CODESIn prehistoric times there is no

written laws to regulate human conduct, However, men still found ways to avenge themselves from harm and injury caused by another. They designed their own system of justice according to what they believed was right and fair base on their way of life, beliefs, and the norms of their times.

Code of Hammurabi Hammurabi, the king of Babylon is recognized as the first codifier of laws. The Code is carved in stone provided the first comprehensive view of laws during his time.

The provisions of the code were premised on the law of talion (lex taliones), or the principle of “an eye for an eye, a tooth for a tooth”.

King Hammurabi

The HittitesThe Hittites existed about two

centuries after the reign of Hammurabi and they eventually conquered Babylon, the laws of the Hittites may also be characterized as brutal just like the Code of Hammurabi, because they used death as punishment for many offenses.

Code of DrakonThis was codified by Drakon,

an Athenian lawgiver in Athens, Greece, in seventh century BC. This is known as the ultimate in severity because of it’s severe penalties even for simple offenses.

Laws of SolonSolon is also an

Athenian, was appointed archon and was given legislative powers. During his time he repealed almost all the laws of the code of Drakon and created laws that provided just punishment. He is one of the first to see that a lawgiver had to make laws that applied equally to all citizens and also saw that law of punishment had to maintain proportionality to the crimes committed. Solon is used to prefer to any member of the Senate of the Representatives.

Solon

Romes Twelve Tables

Roman law began with the twelve tables which were written in the middle of the sixth century BC by the Decemvirs. It was written in tables of bronze and it became the foundation of all laws was created and new systems of justice were established. And as for long as men and society exist, laws would continue to evolve in order to adapt to the changing times and meet demands of society.

The Revised Penal CodeOne of the resources of the Philippine criminal law is Act No. 3815 otherwise known as the Revised Penal Code or RPC .It was approved on December 8,1930 and became effective on January 1,1932. It remains enforceable up to this day, except for those provisions that have already been repealed through the passage of other special penal laws. It was translated from the original penal code by the Committee created by the virtue of Administrative Order 94 issued on October 18,1927 by the Department of Justice.

The Revised Penal CodeRPC is composed of two books: Book one and Book two.

Book one consits of two parts: basic principles affecting criminal liability, Articles 1-20 and the provisions on penalties, Articles 21-113.Book two contains the felonies defined with the corresponding penalties and these are classified under different titles, Articles 114-365.

Characteristics of Criminal Law

1) It is general application or GENERALITY2) It is territorial in character or TERRITORIALTY

-Philippine Archipelago-Atmospheric water-Maritime Zone

3) It is prospective or irrestrospective or PROSPECTIVE

4) It is SPECIFIC and DEFINITE5) It is uniform in application6) There must be a penal sanction or punishment

FELONYA one way of classifying crime is according

to the law violated, and one such classification is felony.

Felony or delito is an act or omission punishable by law which is committed by means of dolo or deceit or culpa or fault and punishable by the RPC.

Felonies committed by means of dolo or deceits are called intentional felonies while those committed by means of culpa or fault are called culpable felonies.

Stages in the Commission of Felonies

Consummated

Frustrated

Attempted

Circumstances Affecting Criminal Law

Mitigating circumstances

Justifying circumstances

Alternative circumstances

Exempting circumstances

Aggravating circumstances

PRESENTED BY:Clau_chan

CREDITS:Google.comWikipedia.comBing.com

PRESENTED BY:Jessie Crisosotomo

CREDITS:Google.comWikipedia.comBing.comIntro to Criminology