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INTRODUCTION TO CRIMINAL LAW

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Karyll Mitra
Karyll Mitra

Criminal law 101 provides an overview of key concepts in criminal law. It defines criminal law and discusses characteristics like being generally binding and having prospective effect. It also outlines sources of criminal law like the Revised Penal Code. Crimes are further categorized as being against persons or properties. The basic elements of a crime are also defined, including actus reus, mens rea, concurrence, and causation. Crimes can be classified as felonies, misdemeanors, malum in se, or malum prohibitum. The stages in committing a crime and theories of criminal law like the classical and positivist approaches are also summarized. Penalties and levels of participation like principals, accomplices and accessories

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CRIMINAL LAW 101 MITRA, 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 CRIMES AGAINST 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 CRIMES ACTUS 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 hitting somebody? 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 involuntary manslaughter 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 CRIMES FELONIES | 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 LAW CLASSICAL 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 a person 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 CRIME INTENTION TO COMMIT THE CRIME| PREPARATION TO COMMIT CRIME | ATTEMPT TO COMMMIT THE CRIME | COMMISSION OF THE CRIME
INTRODUCTION TO CRIMINAL LAW
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 normally punishable. 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.
PENALTIES RECLUSION PERPETUA| RECLUSION TEMPORAL| PRISIÓN MAYOR | PRISIÓN CORRECCIONAL | ARRESTO MAYOR | ARRESTO MENOR
INTRODUCTION TO CRIMINAL LAW
PARTICIPATION OF THE OFFENDER PRINCIPALS| 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.
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INTRODUCTION TO CRIMINAL LAW

  • 1. CRIMINAL LAW 101 MITRA, KARYLL ANN G. POL111 – INTRODUCTION TO LAW
  • 2. 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.
  • 3. 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
  • 4. 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
  • 6. 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.
  • 7. 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.
  • 8. BASIC ELEMENTS OF CRIMES ACTUS REUS| MENS REA | CONCURRENCE| CAUSATION| RESULTING INJURY OR CRIME
  • 9. 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.
  • 10. 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 hitting somebody? NO. A person who has a sleep walking disorder commits murder. Are they going to be found guilty of the crime? NO.
  • 11. 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.
  • 12. 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 involuntary manslaughter for his failure to fulfill his contract.
  • 13. 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.
  • 14. 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
  • 15. 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
  • 16. 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
  • 17. 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
  • 18. 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?”
  • 19. CLASSIFICATION OF CRIMES FELONIES | MISDEMEANORS | MALUM IN SE CRIMES | MALUM PROHIBITUM | INFAMOUS CRIMES
  • 20. 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
  • 21. 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
  • 22. 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.
  • 23. 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
  • 24. 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
  • 25. MALA IN SE VS MALA PROHIBITA
  • 26. INFAMOUS CRIMES  DEFINITION:  Crime that is shameful, or disgraceful.  Usually involves fraud or dishonesty.  EXAMPLES:  Perjury  Embezzlement  Mail and Securities Fraud
  • 27. THEORIES OF CRIMINAL LAW CLASSICAL THEORY | POSITIVIST THEORY | ECLECTIC OR MIXED
  • 28. 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.
  • 29. 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 a person to do wrong although not of his own volition
  • 30. 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.
  • 31. STAGES IN THE COMMISSION OF THE CRIME INTENTION TO COMMIT THE CRIME| PREPARATION TO COMMIT CRIME | ATTEMPT TO COMMMIT THE CRIME | COMMISSION OF THE CRIME
  • 33. 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 normally punishable. However, there are some exceptions: o Waging war against government o Preparation for counterfeiting coins and government stamps, etc.
  • 34. 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.
  • 35. 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.
  • 36. PENALTIES RECLUSION PERPETUA| RECLUSION TEMPORAL| PRISIÓN MAYOR | PRISIÓN CORRECCIONAL | ARRESTO MAYOR | ARRESTO MENOR
  • 38. PARTICIPATION OF THE OFFENDER PRINCIPALS| ACCOMPLICES| ACCESSORIES
  • 39. 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.
  • 40. 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.