INTRODUCTION TO CRIMINAL LAW

CRIMINAL LAW 101MITRA, KARYLL ANN G.

POL111 – INTRODUCTION TO LAW

CRIMINAL LAW

Criminal law is the body of law that relates to crime. It

regulates social conduct and prescribes whatever is

threatening, harmful, or otherwise endangering to the

property, health, safety, and moral welfare of people. It

includes the punishment of people who violate these

laws. Criminal law varies according to jurisdiction, and

differs from civil law, where emphasis is more on dispute

resolution and victim compensation than on punishment.

CHARACTERISTICS OF CRIMINAL LAW

1. GENERAL - the law is binding to all persons who reside in the Philippines

2. TERRITORIAL - the law is binding to all crimes committed within the

National Territory of the Philippines

Terrestrial – jurisdiction exercised over land

Fluvial – over maritime and interior waters

Aerial – over the atmosphere

3. PROSPECTIVE (Prospectivity) – the law does not have any retroactive

effect

SOURCES OF CRIMINAL LAW

1. The Revised Penal Code

2. Special Penal Laws - Acts enacted of the Philippine

Legislature punishing offenses or omissions

BASIC MAXIMS IN CRIMINAL LAW

1. Doctrine of pro reo

2. Nullum crimen, nulla poena sine lege

3. Actus non facit reum, nisi mens sit rea

DEFINITION OF

CRIMESAGAINST PERSON| AGAINST PROPERTIES

AGAINST PERSON

The term “crimes against the person” refers to a broad array of

criminal offenses which usually involve bodily harm, the threat of

bodily harm, or other actions committed against the will of an

individual. Those involving bodily harm (or the threat thereof)

include assault, battery, and domestic violence. Additionally,

offenses such as harassment, kidnapping, and stalking also are

considered crimes against the person.

AGAINST PROPERTIES

Crimes against property are crimes of theft, where no

force or threat of force is directed against an

individual. It includes:

Crimes in which property is destroyed, and

Crimes in which property is stolen or taken against the owner’s

will. This consists of crimes such as: burglary, larceny , robbery,

extortion, motor vehicle theft, etc.

BASIC ELEMENTS OF

CRIMESACTUS REUS| MENS REA | CONCURRENCE| CAUSATION| RESULTING

INJURY OR CRIME

ACTUS REUS, PHYSICAL ACT OF THE CRIME

DEFINITION:

A guilty act that is conscious and voluntary.

“Are we going to hold somebody criminally liable for an act that is not

volitional and not voluntary?”

NO, WE’RE NOT.

ACTUS REUS, PHYSICAL ACT OF THE CRIME

EXAMPLES:

Someone who is driving a car suddenly had a heart attack and they

hit somebody along the sidewalk. Are they going to be guilty of hittingsomebody?

NO.

A person who has a sleep walking disorder commits murder. Are they

going to be found guilty of the crime?

NO.

OMISSIONS TO ACT

GENERAL RULE:

No duty to action on behalf of a stranger in peril.

EXCEPTIONS:

1. BY LAW

Sometimes, there are duties to act that are prescribed by law.

EXAMPLE:

You have a duty to automatically pay your taxes. If you don’t, you

could be held liable for tax evasion.

OMISSIONS TO ACT

2. BY CONTRACT

When you are contracted by duty to come to the aid of another.

EXAMPLE:

A lifeguard in a pool is being paid to rescue and save people. But then

the lifeguard was just sitting there flirting with a cute girl whilst someone

was drowning.

If the victim then drowns, we can hold the lifeguard guilty of involuntarymanslaughter for his failure to fulfill his contract.

OMISSIONS TO ACT

3. BY RELATIONSHIP

Relationships may also impose a duty to act.

EXAMPLES:

Husband and wife have the duty to come to the aid of each other.

Parents and child have the duty to come to the aid of each other.

MENS REA, MENTAL INTENT TO DO THE CRIME

DEFINITION:

A guilty mind.

The defendant knew that what he was doing was wrong.

WHERE TO FIND MENS REA?

1. Specific Intent Crimes

2. General Intent Crimes

3. Strict Liability Crimes

MENS REA, SPECIFIC INTENT CRIMES

The defendant must have specific intent to commit the crime.

Mentally, he has to mean for that crime to occur.

EXAMPLES:

1. Solicitation, Attempt, Conspiracy

2. Theft Crimes

3. Intent to Kill

4. Heat of Passion Killings

MENS REA, GENERAL INTENT CRIMES

No specific intent needed to commit a crime.

Intent can be inferred from defendant’s conduct.

EXAMPLES:

1. Rape

2. Battery

3. Arson

4. Mayhem

5. Depraved Heart Murder

MENS REA, STRICT LIABILITY CRIMES

Crimes where the defendant’s state of mind is immaterial.

Defendant’s conviction will rest solely on the fact that he/she has

committed the prohibited act.

EXAMPLES:

1. Speeding

2. Parking in front of a fire hydrant

3. Statutory rape

CONCURRENCE, OF ACTUS REUS AND MENS REA

DEFINITION:

Defendant must both have a guilty act and guilty mind at the time he

committed the crime.

CAUSATION

GENERAL RULE:

You only need to go to causation when there’s a third party that’s involved

or an act of God.

“Is the defendant the legal or the proximate cause of the resulting crime or

injury?”

CLASSIFICATION OF

CRIMESFELONIES | MISDEMEANORS | MALUM IN SE CRIMES | MALUM

PROHIBITUM | INFAMOUS CRIMES

FELONIES

DEFINITION: Crimes that are generally punishable by death, or imprisonment

exceeding one year.

A felony that's punishable by death is considered a capital crime.

EXAMPLES:

Burglary

Rape

Arson

Robbery

Manslaughter

Murder

Mayhem

MISDEMEANORS

DEFINITION:

Offenses lower than felonies, and generally punishable by less than

a year in jail, or a fine.

EXAMPLES:

Petty Offense, i.e. jaywalking

Public Intoxication

Simple Assault

Disorderly Conduct

Trespassing

Vandalism

Reckless Driving

Possession of Marijuana

MISDEMEANORS

Whether a crime is considered a felony or a

misdemeanor will many times depend on any

aggravating factors. These are factors that make a

crime more serious. For example, the theft of a very

inexpensive item from a store may be considered a

misdemeanor. However, the theft of multiple items that

are worth thousands of dollars may be considered a

felony.

MALUM IN SE, EVIL IN ITSELF

DEFINITION:

A crime that is wrong in itself.

An act involving illegality from the nature of its transaction.

EXAMPLES:

Burglary

Robbery

Arson

Manslaughter

Murder

MALUM PROHIBITUM, WRONG BECAUSE PROHIBITED

DEFINITION: An act that is not inherently immoral, but is expressly forbidden by

positive law.

Crimes that are created by Legislative Statutes.

EXAMPLES:

Selling liquor/cigarettes to a minor

Speeding

Running a stop sign

MALA IN SE VS MALA PROHIBITA

INFAMOUS CRIMES

DEFINITION:

Crime that is shameful, or disgraceful.

Usually involves fraud or dishonesty.

EXAMPLES:

Perjury

Embezzlement

Mail and Securities Fraud

THEORIES OF

CRIMINAL LAWCLASSICAL THEORY | POSITIVIST THEORY | ECLECTIC OR MIXED

CLASSICAL THEORY, JURISTIC

Man is essentially a moral creature with an absolute free will to

choose between good and evil and therefore more stress is placed

upon the result of the felonious act than upon the criminal himself.

The purpose of penalty is retribution.

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 therefore.

POSITIVIST THEORY, POSITIVIST

Man is subdued occasionally by a strange and morbid

phenomenon which conditions him to do wrong in spite of or

contrary to his volition.

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 aperson to do wrong although not of his own volition

ECLECTIC OR MIXED PHILO, GROTIANS

This combines both positivist and classical thinking. Crimes that are

economic and social and 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.

STAGES IN THE COMMISSION

OF THE CRIMEINTENTION TO COMMIT THE CRIME| PREPARATION TO COMMIT CRIME

| ATTEMPT TO COMMMIT THE CRIME | COMMISSION OF THE CRIME

INTENTION TO COMMIT THE CRIME

Guilty mind to commit the crime. Intention to commit a crime is not

punishable unless it is made known to others either by words.

PREPARATION TO COMMIT THE CRIME

Arranging for the means and measures necessary for the

commission of the crime. Preparation is not normallypunishable. However, there are some exceptions:

o Waging war against government

o Preparation for counterfeiting coins and government stamps, etc.

EXAMPLE OF PREPARATION

‘A’ intends to kill ‘B’.’A’ purchases poison in order to mix with B’s

food. Up to this stage, A’s act is mere preparation.

EXAMPLE OF AN ATTEMPT

‘A’, a pick pocket puts his hand in B’s pocket to steal the purse of ‘B’

but ‘A’ does not find any purse in B’s pocket. Is it a crime?

Yes, it is a crime of attempt to theft.

ATTEMPT TO COMMIT THE CRIME

Attempt is the direct movement towards the commission of an offense

after the preparation has been made. Attempt is those acts, which

cross the stage of being preparatory to the commission of an offense.

COMMISSION OF THE CRIME

If the attempt to commit the offense is successful, then the crime is

committed .

EXAMPLE:

‘A ‘fired at ‘B’ with the evil motive to kill ‘B’ and B died immediately. This is the

crime of murder. This stage is the commission of the crime.

PENALTIESRECLUSION PERPETUA| RECLUSION TEMPORAL| PRISIÓN MAYOR |

PRISIÓN CORRECCIONAL | ARRESTO MAYOR | ARRESTO MENOR

PARTICIPATION OF THE

OFFENDERPRINCIPALS| ACCOMPLICES| ACCESSORIES

PRINCIPALS

A persons can be liable as a principal for:

taking a direct part in the execution of the felony,

directly forcing or inducing others to commit it, or

cooperate in the commission of the offense by another act

without which it would not have been accomplished.

ACCOMPLICES

Accomplices are persons who, while not acting as a principal, cooperate in

the execution of the offense by previous or simultaneous acts.

ACCESSORIES Accessories are those who, having knowledge of the commission of the

crime, and without having participated therein, either as principals or

accomplices, take part subsequent to its commission by:

profiting themselves or assisting the offender to profit by the effects of the crime,

concealing or destroying the body of the crime, or the effects or instruments

thereof, in order to prevent its discovery, or

harboring, concealing, or assisting in the escape of the principals of the crime.

THANK YOU!