Criminal Law 2013

FUNDAMENTAL PRINCIPLES

BOOK 1 FUNDAMENTAL PRINCIPLES DEFINITION OF CRIMINAL LAW Q: What is criminal law? A: Criminal law is that branch of law, which defines crimes, treats of their nature, and provides for their punishment. Q: What are the theories in criminal law? A: 1. Classical theory – The basis of criminal liability is human free will and the purpose of the penalty is retribution. It is endeavored to establish a mechanical and direct proportion between crime and penalty, and there is scant regard to the human element.

Note: The RPC is generally governed by this theory.

A: The power to punish violators of criminal law comes within the police power of the State. It is the injury inflicted to the public which a criminal action seeks to redress, and not the injury to the individual. Q: What are the sources of criminal law in the Philippines? A: 1. The Revised Penal Code (Act No. 3815) and its amendments 2. Special penal laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Batasang Pambansa, and Congress of the Philippines 3. Penal Presidential Decrees issued during Martial Law by President Marcos. 4. Penal Executive Orders issued during President Corazon Aquino’s term. Q: What are the basic maxims in criminal law? A: 1. Nullum crimen, nulla poena sine lege (There is no crime when there is no law punishing the same) – 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. 2. Actus non facit reum, nisi mens sit rea (The act cannot be criminal where the mind is not criminal) – This is true to a felony characterized by dolo, but not to a felony resulting from culpa. Doctrine of Pro Reo – Whenever a penal law is to be construed or applied and the law admits of two interpretations, one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be adopted. Actus me invito...