“A BODY OF KNOWLEDGE REGARDING CRIME AS A

SOCIAL PHENOMENON. IT INCLUDES WITHIN ITS

SCOPE, THE PROCESS OF MAKING OF LAWS, THE CRIMINOLOGY
BREAKING OF LAWS AND THE REACTION TOWARDS
THE BREAKING OF LAWS” (Sutherland)
Latin word meaning crime and Greek word which
“crimen” “Logos”
means “to study”.
The term criminology was first coined by an Italian law
Raffaele Garofalo
professor in 1885 (in Italian, criminologia).
In 1887, French anthropologist used it for the
Paul Topinard
first time in French (criminologie).
Sub-Fields of Criminology-the study of crime focused on
Sociological Criminology
a group of people and society as a whole.
Sub-Fields of Criminology-focused on the individual
criminal behavior-how it is acquired, evoked, maintained,
Psychological Criminology
and modified. Both the environmental and personality
influences are considered, along with the mental
processes that mediate the behavior.
Sub-Fields of Criminology-also known as forensic
psychiatry, is the study of criminal behavior in terms of Psychiatric Criminology
motives and drives that strongly relies on the individual.
Principal Division of Criminology - the scientific analysis
Criminal Etiology
of the causes of crime (THE BREAKING OF LAWS)
Principal Division of Criminology- the study of law and its
Sociology of Law
application (THE PROCESS OF MAKING OF LAWS)
Principal Division of Criminology-the study that deals with
punishment and the treatment of criminals (THE Penology or Correction
REACTION TOWARDS THE BREAKING OF LAWS)
Principal Division of Criminology-the study of the role
and/or participation of the victim in the development and Victimology
commission of a crime.
Principal Division of Criminology-the application of
scientific methods to the recognition, collection,
Criminalistics
identification, and comparison of physical evidence
generated by criminal or illegal civil activity.
Different areas associated with the study of Criminology-
the study of the relationship between criminality and criminal demography
population
Different areas associated with the study of Criminology-
the study of the relationship between environment and criminal epidemiology
criminality
Different areas associated with the study of Criminology-
the study of criminality in relation to the spatial criminal ecology
distribution in a community
Different areas associated with the study of Criminology-
the study of criminality in relation to the physical criminal anthropology
constitution of men
Different areas associated with the study of Criminology-
criminal psychology
the study of human behavior in relation to criminality
Different areas associated with the study of Criminology-
criminal psychiatry
the study of the human mind in relation to criminality
Different areas associated with the study of Criminology-
the study of the role of the victim in the commission of a Victimology
crime
Nature of Criminology- because of the following studies Applied Science
regarding the causes of crime such as anthropology,
psychology, sociology, and other natural sciences
Nature of Criminology wherein as much as crime is a
societal creation and it exists in a society, its study must Social Science
be considered a part of social science.
Nature of Criminology where Criminology changes as
social condition changes. That means the progress of
Dynamic
criminology is concordant with the advancement of other
sciences that have been applied to it.
Nature of Criminology where the study of crime must
always be in relation to the existing criminal law within Nationalistic
the territory.
A first-ever educational institution in the Philippines
Philippine College of Criminology
offering criminology course
Criminology Association whose primary objective is to
PEACE in Criminology – Philippine Educators
professionalize criminology education in the context of
Association for Criminology Education
national development
President & Founder of “PEACE” Dean Cirilo M Tradio
a legitimate organization of criminologists PCAP – Professional Criminologist Association of the
Philippines
It is an act regulating the practice of the criminology
profession in the Philippines, and appropriating funds
RA 11131 – The Philippine Criminology Profession Act of
thereof, repealing for the purpose RA 6506, otherwise
2018
known as “an act creating the board of examiners for
criminologists in the Philippines.
any person who is a graduate of the Degree of
Criminology, who has passed the examination for
criminologists and is registered as such by the Board of Registered Criminologist
Examiners of the Professional Regulation Commission
(PRC).
a collegial body under the administrative supervision and
control of the Professional Regulation Commission (PRC)
to be composed of a chairperson and four members Board for Criminologists
appointed by the President. Each will hold office for three
years.
From its legal point of view, an act or omission in
violation of criminal law. CRIME
- also a generic name that refers to offense,
felony, and delinquency or misdemeanor.
Criminological Classification of Crime-is one in which
when committed, the offender acquires something as a Acquisitive Crimes
consequence of his criminal act.
Criminological Classification of Crime-when the result of
Extinctive Crimes
a criminal act is destruction
Criminological Classification of Crime-crimes that are
Seasonal Crimes
committed only at a certain period of the year
Criminological Classification of Crime-Crimes are
committed only when given a situation conducive to its Situational Crimes
commission.
Criminological Classification of Crime-crimes are serial
crimes; they are committed by a series of acts within a Episodic Crimes
lengthy space of time.
Criminological Classification of Crime-crimes that are
Instant Crimes
committed in the shortest possible time
Criminological Classification of Crime-crimes that are Static Crimes
committed only in one place
Criminological Classification of Crime-are crimes that are
Continuing Crimes
committed in several places
Criminological Classification of Crime-crimes that are
committed with intent; the offender is in full possession of Rational Crimes
his mental faculties /capabilities
Criminological Classification of Crime-Crimes are
committed without intent; the offender does not know the Irrational Crimes
nature of his act.
Criminological Classification of Crime-Crimes that are
committed by a person of responsibility and of upper
White Collar Crimes
socio-economic class in the course of their occupational
activities
Criminological Classification of Crime-Crimes that are
committed by ordinary professionals to maintain their Blue-Collar Crimes
livelihood
Criminological Classification of Crime-are those
committed by individuals belonging to the upper class of Upper World Crimes
society
Criminological Classification of Crime-are committed by
Underworld Crimes
members of the lower or under privilege class of society
Criminological Classification of Crime-are crimes
committed by mere duplication of what was done by Crimes by Imitation
others
Criminological Classification of Crime-are crimes
Crimes by Passion
committed because of the fit of great emotions
Criminological Classification of Crime-refers to crimes
committed through a rendition of a service to satisfy the Service Crimes
desire of another.
LEGAL CLASSIFICATION OF CRIMES: According to the
law violated - an act or omission that is punishable by the Felony
Revised Penal Code, the criminal law in the Philippines.
LEGAL CLASSIFICATION OF CRIMES: According to the
law violated- is an act or omission that is punishable by
special laws (a special law is a statute enacted by
Congress, penal in character, which is not an
Offense
amendment to the Revised Penal Code ) such as
Republic Acts, Presidential Decrees, Executive Orders,
Memorandum Circulars, Ordinances, and Rules and
Regulations
LEGAL CLASSIFICATION OF CRIMES: According to the
law violated - acts that are in violation of simple rules and
Delinquency/Misdemeanor
regulations usually referring to acts committed by minor
offenders
LEGAL CLASSIFICATION OF CRIMES: According to the
law violated - an act or omission in violation of a city or Infraction
municipal ordinance
LEGAL CLASSIFICATION OF CRIMES: According to the
manner of committing a crime- if the crime is committed By means of dolo or deceit
with deliberate intent
LEGAL CLASSIFICATION OF CRIMES: According to the
manner of committing a crime - the act or omission of the
offender is not malicious and the injury caused by the By means of culpa or fault
offender is unintentional, it is simply the incident of
another act performed without malice
LEGAL CLASSIFICATION OF CRIMES: According to the
stages in the commission- when the offender
commences the commission of a felony directly or overtly
Attempted Stage
acts and does not perform all the acts of execution which
should produce the felony by reason of some cause or
accident other than his own spontaneous desistance
LEGAL CLASSIFICATION OF CRIMES: According to the
stages in the commission- when the offender performs
all the acts of execution which would produce the felony
Frustrated Stage
as a consequence but which, nevertheless do not
produce it by reason of causes independent of the will of
the perpetrator.
LEGAL CLASSIFICATION OF CRIMES: According to the
stages in the commission- when all the elements
Consummated Stage
necessary for its accomplishment and execution are
present
LEGAL CLASSIFICATION OF CRIMES: According to
plurality is one where a single act produces two or more Compound crime (delito compuesto)
crimes
LEGAL CLASSIFICATION OF CRIMES: According to
plurality - (1) crimes were committed as a necessary
means for committing the other, (2) the crimes resulted
Complex crime proper (delito complejo)
from different acts committed under a single criminal
resolution, and (3) crimes committed were punishable by
the Revised Penal Code.
LEGAL CLASSIFICATION OF CRIMES: According to
plurality - is one in which substance is made up of more
Special Complex Crime (composite crime)
than one crime, but which in the eyes of the law only a
single indivisible offense is.
LEGAL CLASSIFICATION OF CRIMES: According to
gravity: are those to which the law attaches capital
Grave felonies
punishment or penalties which in any of their period are
afflictive
LEGAL CLASSIFICATION OF CRIMES: According to
gravity: these are those which the law punishes with Less grave felonies
penalties which in their maximum period are correctional
LEGAL CLASSIFICATION OF CRIMES: According to
gravity: these are infractions of laws for the commission
Light felonies
of which the penalty of arresto menor or a fine not
exceeding 200 pesos or both is provided
LEGAL CLASSIFICATION OF CRIMES: According to the
Crimes mala in se
nature of the act: are acts that are inherently evil
LEGAL CLASSIFICATION OF CRIMES: According to the
nature of the act: are acts that are prohibited only Crimes mala prohibita
because there are laws forbidding such acts.
CLASSIFICATIONS OF CRIMINALS according to
ETIOLOGY: is one who violates a criminal law because
Acute Criminal
of the impulse or fit of passion . They commit passionate
crimes.
CLASSIFICATIONS OF CRIMINALS according to
ETIOLOGY: is one who commits a crime acting in
Chronic Criminal
consonance of deliberated thinking . He plans the crime
ahead of time. They are the targeted offenders.
CLASSIFICATIONS OF CRIMINALS according to
Neurotic criminal
ETIOLOGY: is one who has a mental disorder
CLASSIFICATIONS OF CRIMINALS according to
ETIOLOGY: a normal person who commits crimes because Normal criminal
he looks up to, idolizes people who are criminals.
CLASSIFICATIONS OF CRIMINALS Based on
Behavioral System: is considered the lowest form of
criminal in a criminal career. He doesn’t stick to crime as Ordinary Criminal
a profession but rather is pushed to commit crimes due to
great opportunity.
CLASSIFICATIONS OF CRIMINALS Based on
Behavioral System: is one who associates himself with
other criminals to earn a high degree of organization to Organized Criminal
enable them to commit crimes easily without being
detected by authorities. They commit organized crimes
CLASSIFICATIONS OF CRIMINALS Based on
Behavioral System: a person who is engaged in criminal
Professional Criminal
activities with a high degree of skill. He is usually one
who practices crime as a profession to maintain a living.
CLASSIFICATIONS OF CRIMINALS According to
CRIMINAL ACTIVITIES- are those who practice crime as
a profession for a living. Criminal activity is constant in Professional Criminals
order to earn skills and develop ability in their
commission.
CLASSIFICATIONS OF CRIMINALS According to
CRIMINAL ACTIVITIES- a person who got involved in a Situational criminal
criminal act because the situation presented itself
CLASSIFICATIONS OF CRIMINALS According to
CRIMINAL ACTIVITIES- are those who commit crimes
when the situation is conducive to its commission Accidental Criminals
- a person who accidentally violated the law due to
some circumstances
CLASSIFICATIONS OF CRIMINALS According to
CRIMINAL ACTIVITIES- are those who continue to
commit crimes because of deficiency of intelligence and
Habitual Criminals
lack of self – control
- one who repeatedly commits criminal acts for
different reasons
CLASSIFICATIONS OF CRIMINALS Based on MENTAL
ATTITUDES - are those who commit crimes due to Active Criminals
aggressiveness
CLASSIFICATIONS OF CRIMINALS Based on MENTAL
ATTITUDES - are those who commit crimes because Passive Inadequate Criminals
they are pushed to it by reward or promise.
CLASSIFICATIONS OF CRIMINALS Based on MENTAL
ATTITUDES - criminals who are normal in behavior but Socialized Delinquents
defective in their socialization process or development.
- two or more murders committed by
offender/offenders without a cooling-off period
Spree Murder/Killer
- is someone who embarks on a murderous assault on
2 or more victims in a short time in multiple locations
- two or more murders committed by an offender(s)
Serial Murder/Killer
with a cooling-off period.
- are defined by one incident with no distinctive time
Mass Murderer/Killer
period between the murders/killings
- Types of SERIAL KILLERS - These killers strive for Thrill Killers
either sexual sadism or dominance. This is the most
common form of serial murderer.
- Types of SERIAL KILLERS - These killers want to
reform the world or have a vision that drives them to Mission Killers
kill
- Types of SERIAL KILLERS - Killers who kill out for
profit or want to protect themselves from a perceived Expedience Killers
threat
- Types of MASS MURDERER - These killers seek to
Revenge Killers
get even with individuals or society at large
- Types of MASS MURDERER - Motivated by a
warped sense of devotion. They are often
Love Killers
despondent people who commit suicide and take
others, such as a wife and children with them.
- Types of MASS MURDERER - Usually trying to
cover up a crime, eliminate witnesses, and carry out Profit Killers
a criminal conspiracy.
- Types of MASS MURDERER - Killers who are trying
to send a message. Gang killings tell rivals to watch
Terrorist Killers
out; cult killers may actually leave a message behind
to warn society about impending doom
Based on Legal Classification (according to RPC)
- Convicted by final judgment of the first crime
- Committed another crime after serving the sentence
Recidivist
of the first crime
- The first and second crimes must be embraced in the
same title (Crimes against person, property etc) of
the RPC
Based on Legal Classification (according to RPC)
- Convicted by final judgment of the first crime Quasi Recidivist
- Committed another crime before and during serving
the sentence inside the jail or prison
Based on Legal Classification (according to RPC)
- is one who within the period of ten years from the
date of his release or last conviction of the crimes of Habitual Delinquent
serious or less serious physical injuries, robbery,
estafa, or falsification is found guilty of any of the
said crimes for the third time or oftener.
Based on Legal Classification (according to RPC)
- Convicted by final judgment of the first crime
- Committed another crime after serving the sentence
Reiteration/Habituality
of the first crime
- The first and second crimes must not be embraced in
the same title (Crimes against person, property etc)
of the RPC
- Crimes committed every now and then Traditional Crime
- act committed by consenting persons in private,
Victimless Crime
there is no intended victim
- are crimes that are serious in nature and which occur
with sufficient frequency and regularity such that they
Index Crime
can serve as an index to the crime situation in the
Philippines.
- refers to the CONSUMMATED eight (8) focus crimes Index Crimes
(Frustrated and Attempted Stages are excluded) and
eight (8) special complex crimes as defined by the
Revised Penal Code.
- (known as Composite or Single Indivisible Crime) is
one composed of two or more crimes but is
Special Complex Crimes (known as Composite or Single
specifically defined, treated, and punished under the
Indivisible Crime)
Revised Penal Code (RPC) as a single indivisible
offense.
- include violation of Special Laws and RPC that are
Non-Index Crimes
NOT categorized as index crimes
- Culpable felonies as a product of negligence,
imprudence, lack of skill, and/or lack of foresight
Other Quasi-Offenses
punishable under Art 365 of the RPC other than
vehicular incidents
- This pertains to the number of crime incidents
committed in a given area over a period of time that
are reported and recorded in the police blotter
Total Crime Incidents (TCI)
excluding crime incidents that are reported to the
barangays and Other Law Enforcement Agencies
(OLEA);
- TOTAL CRIME INCIDENTS two classifications PEACE AND ORDER INDEX;
and the PUBLIC SAFETY INDEX.
- an index that categorizes crime incidents that reflect
the true picture of crime, and the peace and order
situation of a particular community. This comprises Peace and Order Index
the totality of Index and Non-Index Crimes (Total
Crime Volume)
- This is an index that categorizes incidents and
culpable felonies that reflect the public safety
situation of a particular community. This comprises Public Safety Index
the totality of vehicular incidents and other quasi-
offenses punishable under the RPC.
- Peace and Order Index + Public Safety Index Total Crime Incidents
- [(Total Crime Incidents / populations) x 100,000
Average Monthly Crime Rate
populace] / number of months]
- (Crime Solved/Crime Volume) x100% Crime Solution Efficiency
- is that branch of public law that defines crimes treats
CRIMINAL LAW
their nature and provides for their punishment.
- punishment may be in the form of ostracism
(banishment) and expulsion
PREHISTORIC CRIME AND PUNISHMENT
- adultery may be punished by the aggrieved husband
(Primitive Tribes)
who may kill the adulterer and his own offending wife
- crime may be avenged by the victim himself or by the
victim’s family

The Early Codes - were written in the middle of the

sixth century BC
- were the foundation of all laws in Rome and were ROME’S TWELVE TABLES
written in tablets of bronze
- were drafted by the Decemvirs, a body of men
composed of patricians
The Early Codes - knows as the “ultimate in severity”
- codified by Drakon, the Athenian lawgiver of the CODE OF DRAKON
seventh century BC
The Early Codes - repealed all the laws of the Code LAWS OF SOLON
of Drakon, except the law on homicide
- that a lawgiver had to make laws that applied equally
to all citizens and also saw that the law of
punishment had to maintain proportionality to the
crimes committed
The Early Codes - also known as the Code of the
Nesilim, constitute an ancient legal code
- have been preserved on a number of Hittite Hittite laws
cuneiform tablets found at Hattusa (CTH 291-292,
listing 200 laws). (1650–1100 BCE).
The Early Codes - the king of Babylon during the
eighteenth-century BC, is recognized as the first HAMMURABI
codifier of laws
The Early Codes - it provides the first comprehensive
view of the laws in the early days
- the Code was carved in stone
- the “law of talion-lex tallionis”, or the principle of “tit
CODE OF HAMMURABI
for tat”, (an eye for an eye, tooth for a tooth) appears
throughout the Code
- - under the principle of the law of talion, the
punishment should be the same as the harm inflicted
on the victim
- Rape is derived from the Latin “Rapere” or to take by
force, often perceived primarily as a sexually- Rape
motivated act,
- Anti Rape Law of 1997 amending the Revised Penal
RA 8353
Code
- Two means to commit rape rape by sexual intercourse
rape through sexual assault
Types of Rape - Sexual attack becomes a means of
expressing rage or anger and involves far more Anger Rape
physical assault upon the victim than is necessary.
Types of Rape- Assailant primarily wishes to express
his domination over the victim. Since rape is an
expression of power rather than the means of sexual
Power Rape
gratification, the rapist generally uses only the
amount of force necessary to exert his super-
ordinary position
Types of Rape- Perpetrator combines the sexuality
and aggression aims in psychotic desires to often Sadistic Rape
torment, torture, or otherwise abuse his victim.
Types of Rape- forcible sex in which the offender and
Acquaintance Rape
the victim are acquainted with one another
Types of Rape - rape involving multiple offenders,
Aggravated Rape
weapons and victim injuries
Types of Rape- forcible sex during the courting
Date Rape
relationship.
Types of Rape - multiple rapes committed by one
Serial Rape
person over time.
Types of Rape - sexual relations between underage
Statutory Rape
minor females and an adult male
- An act providing for stronger protection against rape R.A. 11648
and sexual exploitation and abuse
- approved on March 4, 2022
- increased the age of consent from 12 to 16 years old
- amended Act No. 3815, R.A. 8353, and R.A. 7610
Theory in criminal law where the basis of criminal liability
is human free will and the purpose of the penalty is
Classical (Juristic) Theory
retribution. Man is a moral creature with an absolute free
will to choose between good and evil.
Theory in criminal law : Man is subdued occasionally by a
strange and morbid phenomenon that constrains him to
do wrong. Crime is a social and natural phenomenon; Positivist (Realistic) Theory
therefore, it cannot be treated by applying abstract
principles of law or by the imposition of punishment.
A book that contains the Philippine Criminal Law and
Revised Penal Code or Act No. 3815
different special laws and decrees which are penal in
nature
The RPC was approved on and took effect on Dec. 8, 1930, January 1, 1932
The RPC was revised by the Committee created by
Anacleto Diaz as Chairman, Alex Reyes and Mariano de
Administrative Order No. 94 of the Department of Justice,
Joya as members
dated Oct. 18, 1927, composed of
Principal parts of RPC pertaining to principles affecting
Articles 1-20
criminal liability
Principal parts of RPC pertaining to penalties including
Articles 21-113
criminal and civil liability
Principal parts of RPC pertaining to felonies Articles 114-367
Crimes against National Security and the Law of Nations
Examples – Treason, Espionage, Piracy
Crimes against the Fundamental Law of the State
Examples – Arbitrary Detention, Violation of Domicile
Crimes against Public Order.
Examples – Rebellion, Sedition, Coup d’tat
Crimes against Public Interest Examples – Forgery, Falsification, Fraud
Crimes against Public Moral Examples – Gambling and betting, offenses against
decency and good customs like scandals, obscenity,
vagrancy, and prostitution
Crimes Committed by Public Officers
Examples – Malfeasance and Misfeasance
Crimes against Person Examples – Murder, Rape, Physical Injuries
Crimes against Properties Examples – Robbery, Theft
Crimes Against Personal Liberty and Security Examples – Illegal Detention, Kidnapping, Trespass to
Dwelling, Threat and Coercion
Crimes Against Chastity Examples – Concubinage, Adultery, Seduction,
Abduction, Acts of Lasciviousness
Crimes against Civil Status of Persons Examples – Bigamy and Other Illegal Marriages
Crimes against Honor Examples – Libel, Oral Defamation
Quasi-offenses or Criminal Negligence Example – Imprudence and Negligence

Characteristics of the RPC- the law is applicable to all

persons within the territory irrespective of sex, race,
nationality, or civil status except:
a. Head of state
b. Foreign diplomats, ambassadors, who are Generality
duly accredited to our country
c. Foreign troops permitted to march within the
territory
Characteristics of the RPC- the RPC is applicable to Territoriality
felonies committed within the Philippine territorial
jurisdiction.
a. Philippine archipelago – all the islands that
comprise the Philippines
b. Atmosphere water – all bodies of water that
connect all the islands such as bays, rivers,
and streams
c. Maritime zone – the twelve (12) Nautical Mile
limit beyond our shore measured at low tide

EXCEPTIONS TO THE TERRITORIAL CHARACTER OF - should commit an offense while on a Philippine ship
THE REVISED PENAL CODE: or airship;
- should forge or counterfeit any coin or currency note
of the Philippine Island or obligations and securities
issued by the government of the Philippines;
- while being a public officer or employee, should
commit an offense in the exercise of their functions
- should commit any crimes against national security
and the law of nations

Rules as to crimes committed aboard foreign merchant

vessels: Such crimes are not triable in the courts of that
country, unless their commission affects the peace and French Rule
security of the territory or the safety of the state is
endangered.
Rules as to crimes committed aboard foreign merchant
vessels: Such crimes are triable in that country unless
they merely affect things within the vessel or they refer to English Rule
the internal management thereof.(This is applicable in the
Philippines)
Situations, where the foreign country may not apply its
criminal law even if a crime was committed on board a
vessel within its territorial waters:
When the crime is committed in a foreign country War Vessel
because it is part of the sovereignty of the country to
whose naval force they belong.

Situations, where the foreign country may not apply its

criminal law even if a crime was committed on board a
vessel within its territorial waters:
When the foreign country in whose territorial waters the the national security or public order
crime was committed adopts the French Rule, which of such foreign country
applies only to merchant’s vessels, except when the
crime committed affects the ?

A crime that occurred on board a foreign vessel, which

began when the ship was in a foreign territory and
continued when it entered into Philippine waters, is continuing crime
considered a . Hence within the jurisdiction of the
local courts.
The Revised Penal Code governs whether the crime was
committed within the Philippine Embassy or the embassy
extension of sovereignty
grounds in a foreign country. This is because embassy
grounds are considered?
Characteristics of the RPC- the provisions of the RPC Prospectivity
cannot be applied if the act is not yet punishable at the
time the felony was committed. However, it may have a
retroactive effect if it is favorable to the accused who is
not a habitual delinquent.
Characteristics of the RPC- Criminal law must give a
strict definition of a specific act that constitutes an
offense. Where there is doubt as to whether a definition
embodied in the Revised Penal Code applies to the
It is specific and definite
accused or not, the judge is obligated to decide the case
in favor of the accused. Criminal law must be construed
liberally in favor of the accused and strictly against the
state
Characteristics of the RPC- An act described as a crime
is a crime no matter who committed it, wherever
committed in the Philippines, and whenever committed.
No exceptions must be made as to the criminal liability. It is uniform in application
The definition of crimes together with the corresponding
punishment must be uniformly construed, although there
may be a difference in the enforcement of a given
specific provision of the penal law
Characteristics of the RPC- If there is no penalty for a
prohibited act, its enforcement will almost be impossible.
The penalty is acting as a deterrence and as a measure There must be a penal sanction or punishment
of self-defense of the state to protect society from the
threat and wrong inflicted by the criminal
BASIC MAXIMS IN CRIMINAL LAW
Whenever a penal law is to be construed (interpreted) or
applied and the law admits of two interpretations – one Doctrine of Pro Reo
lenient to the offender and one strict to the offender –
that interpretation which is lenient or favorable to the
offender will be adopted
BASIC MAXIMS IN CRIMINAL LAW
There is no crime when there is no law punishing the
same. This is true in civil law countries, but not in
Nullum crimen, nulla poena sine lege
common law countries. Because of this maxim, there is
(LOGOMACY)
no common law crime in the Philippines. No matter how
wrongful, evil, or bad the act is, if there is no law defining
the act, the same is not considered a crime
BASIC MAXIMS IN CRIMINAL LAW
(The act cannot be criminal where the mind is not Actus non facit reum, nisi mens sit rea
criminal) – This is true to a felony characterized by dolo,
but not to a felony resulting from culpa.
BASIC MAXIMS IN CRIMINAL LAW
- (An act done by me against my will is not my act)
Whenever a person is under compulsion of
irresistible force or uncontrollable fear to do an act Actus me invito factus non est meus actus
against his will, in which that act produces a crime or
offense, such person is exempted in any criminal
liability arising from said act.
BASIC MAXIMS IN CRIMINAL LAW
(Latin). let the welfare of the people be the supreme law: Salus populi est suprema lex
a motto of Missouri