Midterm Discussion-Crimso1
Midterm Discussion-Crimso1
𝐓+𝐒
C= C=Crime
𝐑 T=Tendencies
S=Situation
R=Resistance
FORMULA OF CRIME RATE
▪ CRIMINAL LAW
− is that branch or division of law which
defines crime, treats of their nature, and
provides for their punishment.
SOURCES OF CRIMINAL LAW
▪ The Revised Penal Code was a revision of the old Penal Code through
a committee which was created by Administrative Order No. 94 of the
Department of Justice, dated October 18, 1927, composed of:
▪ Chairman
▪ Anacleto Diaz Revised Penal Code
▪ Members became effective since
▪ Quintin Paredes
January 01, 1932.
▪ Guillermo Guevara
▪ Alex Reyes
▪ Mariano H.de Joya
BRIEF HISTORY OF PHILIPPINE CRIMINAL LAW
▪ Code of Kalantiaw by Datu Kalantiaw which was promulgated in 1433,
oldest written law;
▪ The People of Pre-Spanish Philippines had a customary and unwritten
laws like Maragtas Code (1240) by Datu Sumakwel of Panay, Rizal.
▪ Some of the most striking laws promulgated during this period were:
a. Due respects to elders and parents;
b. Strict obedience of children to their ;parents
c. Strict fulfilment of contract; and
d. Equality of husband and wife both socially and in the control of
their property.
BRIEF HISTORY OF PHILIPPINE CRIMINAL LAW
▪ With the promulgation of the Code of KalantiaW, the penal laws were
made severe and extensive. According to the code, the penalties for
felonies and other misdemeanors were:
− death,
− incineration
− mutilation of fingers,
− slavery, flagellation,
− being bitten by ants,
− swimming under water for a time and other disciplinary penalties
▪ The code likewise provide severe punishment to men who were cruel to
their wives, husbands who maltreated innocent wives were sentence to
death.
▪ Adultery, as well as the contracting of marriage to very young girls was
severely punished.
Some of the most significant attribute of the Kalantiaw
Code:
▪ Ye shall not kill; neither shall ye steal; neither shall ye hurt the aged; lest ye incur the danger of
death. All those who infringe this order shall be condemned to death by being drowned with
stones in the river, or in boiling water.
▪ Ye shall obey. Let all obey. Let your debts with headmen be met punctually. He who does not
obey shall receive for the first time one hundred lashes.
▪ He, who does not comply, shall be beaten for one hour, he who repeats the offense shall be
exposed for one day among ants.
▪ Slavery of doom (certain period of time) shall be suffered by those who steal away women of
the headmen; by him who keeps ill-tempered dogs that bite the headman; by him who burns
the fields of another.
▪ All those, shall be beaten for two days, who sing while traveling by night; kill the bird mana-ol;
tear the documents belonging to the headman……or mock the dead.
▪ They shall be burned; those who by their strength, cunning have mocked at and escaped
punishment; or who kill young boys; or to steal away the women of the agorangs (old men).
REVIEW
❑ Definition of Crime
− Terms Related to Crime
− Two Components of Crime
− Anatomy of Crime
− Scientific Formula of Crime
− Formula of Crime Rate
❑ Definition of Criminal Law
− Sources of Criminal Law
− Characteristics of Criminal Law
− History of Revised Penal Code
− Act 3815
CRITERIA Scoring Guide
Basic Requirements/Following 5 – excellent
Directions 4- exceeding
- how well directions are followed 3- satisfactory
Use of Creativity 2-1 – needs
improvement
Craftsmanship/Work Quality
Effort
Criminality is a serious problem. This may be
explained by the following characteristics of a crime:
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As to
Atrocity – ▪ grave offense (capital punishment)
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1. CRIME MALA IN SE
− acts which are evil in
themselves
As to 2. CRIME MALA PROHIBITA
INTENT − acts which are prohibited
because the law has defined
it be a crime
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▪economic crimes
As to ▪sexual crimes
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▪ crimes against persons
▪ crimes against property
As to ▪ crimes against morals
Statistical ▪ crimes against public order
Purposes ▪ crimes against security
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▪ crimes punishable by afflictive
penalties
PENALTY
penalties
▪ crimes punishable by light
penalties
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▪ Reclusion Perpetua: 20-0-1 to 40-0-0
Reclusion Prision
Arresto menor
Perpetua correccional
Reclusion
Arresto mayor Public censure
Temporal
Perpetual or
temporary
Suspension
absolute
disqualification,
Perpetual or
temporary
Destierro
special
disqualification,
Prision mayor 41
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CIRCUMSTANCES
AFFECTING CRIMINAL
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LIABILITY
Article 11-15 of RPC
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➢a condition that proves the fact that the
act of a person is said to be in
accordance with law, so that such
person is deemed not to have
JUSTIFYING
CIRCUMSTANCE transgressed the law and is free from
both criminal and civil liability;
➢no crime committed if the act is
justified;
➢Ex. Self-defense; fulfillment of duty etc.
➢Art.11 of Book 1 43
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➢non-imputability; ground for exemption
from punishment because there is an
existing natural condition that makes the
act voluntary, or negligent; basis of
EXEMPTING exemption from punishment are:
CIRCUMSTANCE ➢complete absence intelligence, freedom of
action, or intent
➢absence of negligence on the part of the
accused
➢Ex. Imbecile; below 9 years of age; 44
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➢Art.12 of Book 1
➢a condition, if present in the commission
of the crime, does not entirely free the
actor from criminal liability, but serve
only to reduce the penalty; based on:
➢diminution of either freedom of action,
intelligence, or intent
MITIGATING ➢the lesser perversity of the offender
CIRCUMSTANCE
➢Ex. offender had voluntarily
surrendered himself, offender is under
eighteen years of age or over seventy
years
➢Art.13 of Book 1 45
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➢circumstance that serve to increase
the penalty without however
exceeding the maximum penalty of
the law for the offense;
➢Ex. act be committed with abuse of
AGGRAVATING confidence; crime be committed in
CIRCUMSTANCE the night time, taking advantage of
public position, during calamity (fire,
earthquake), treachery (alevosia) - 21
➢Art.14 of Book 1
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➢circumstance that mitigates
or aggravates the crime
depending on the nature of the
offense or the state of the
ALTERNATIVE person committing the crime
CIRCUMSTANCE
➢Ex. relationship, intoxication
and the degree of instruction
and education of the offender.
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➢Art.15 of Book 1
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➢The intoxication of the offender shall
be taken into consideration as a
mitigating circumstances when the
offender has committed a felony in a
state of intoxication, if the same is not
ALTERNATIVE
habitual or subsequent to the plan to
CIRCUMSTANCE
commit said felony but when the
intoxication is habitual or intentional,
it shall be considered as an aggravating
circumstance. 48
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CRIMINOLOGICAL 49
CLASSIFICATION OF
CRIMES
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Acquisitive Crime –
when the offender
As to the acquires something as a
consequence of his
result of crime criminal act.
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Seasonal Crime – crime
As to the committed only at
time/period of certain period of the
commission: year
Situational Crime –
crime committed only
when given a situation
conducive to its
commission 51
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Episodal Crime – serial
crime, committed by
As to the length series of acts within a
of commission: lengthy period of time
Instant Crime –
committed the shortest
possible time
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Static Crime –
As to the place of the committed only
location of the in one place
commission:
Continuing Crime
–committed in
several places 53
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Rational Crime –committed
with intent; offender is in
As to the use of full possession of his mental
mental faculties: faculties
Irrational Crime –
committed without intent;
offender does not know the
nature of his act 54
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White Collar Crime –committed
by a person of responsibility in the
As to type of course of his occupation; fraud;
abuse of authority; money
offender: laundering; bribery; corruption;
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Upper World Crime –
committed by individuals
As to the standard of belonging the upper class of
living of the
criminals society
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Crime by Imitation – “copy cat” crime,
committed by merely duplication of
what was done by others
As to manner
of commission: Crime by Passion – committed
because of the fit of great emotion,
such as anger
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Traditional Crimes - crimes that are committed
every now and then. e.q. robbery, theft,
homicide
Other Classification
of Crimes
Crimes due to changing society (social change)
- poverty crimes. e.q. prostitution, child labor
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Dolo – deceit; there is deceit
How crimes when the act is performed
committed are with deliberate intent;
based on the RPC?
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− YES!
▪ Victimless crime
− refers to acts committed by consenting
Is there such adults in private.
− In victimless crimes, the acts involve only
thing as the participants and do not directly harm
VICTIMLESS others;
− refers to offenses where there is no private
CRIME? offended party.
− refers to behavior that is illegal but which is
claimed to not violate or threaten the
rights of anyone and may be associated
with the implication that the behavior
should therefore not be illegal.
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❖Examples are: drug addiction, prostitution,
and gambling.
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− The victim is the accused.
abuse, etc.
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➢Index crimes are crimes that the
PNP considers “serious” and which
What are occur with “regularity” across all
INDEX cities so much so that its number
can become an index or guide to
CRIMES? determine how crime-infested an
area is.
➢Index crimes are crimes against
persons and property. They consist
of murder, homicide, physical
injury, carnapping, cattle rustling,
robbery, theft, and rape. 63
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1. A Criminal is a person who has
committed a crime and has been
convicted of final judgment by a
competent court. (Legal definition)
WHO IS A 2. A Criminal is a person who violated a
CRIMINAL? social norm or one who acted an anti-
social act. (Sociological definition)
3. A Criminal is one who violated rules of
conduct due to behavioral
maladjustment. (Psychological 64
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definition)
Acute Criminal –one who
Classification violates a criminal law by
impulse or due to fit of
of Criminals: passion;
Based on
Etiology
Chronic Criminal – one who
acted with deliberation or
premeditation, one who plans
the crime ahead of time.
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Based on Ordinary Criminal – considered as
the lowest mammal in the criminal
System:
crime
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Based on
Active Criminal –one who commits crime due to
aggressiveness
Mental
Attitude: Passive Criminal – one who commits crime
because they are forced by a reward or
promise
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Other Accidental Criminal – one
Classification who commits crime when
the situation is conducive;
of Criminals:
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− an intentional behavior that
violates the criminal law.
CRIMINAL − Criminal behavior, therefore,
BEHAVIOR is beyond normal behavior
since it is used to describe
conducts or actions that do
not belong to the standard
behavior of man.
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Anthropological Approach
• focused in studying the physical characteristics of
offenders in the attempt to discover physical differences
between criminals and non-criminals. (Earnest Hooton’s
theory-physiology)
SUBJECTIVE
Medical Approach
APPROACHES:
• the application of medical examinations on offenders in
biological order to explain the mental and physical condition of the
explanation of individual prior and after committing a crime (Positivist
theory – theories of Lombroso, Ferri and Garofalo)
crimes
Biological Approach
• the evaluation of genetics in explaining criminal behavior;
under this approach, heredity is the main factor that push
people to commit crimes (Positivist theory) 71
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Physiological Approach
• focused on the study on the nature of human beings – how they
satisfy their physical needs; this approach explains that the cause of
crime is the deprivation of the physical body from the basic needs of
life (Maslow’s Theory).
Psychiatric Approach
explanation of
• cause of the criminal behavior, according to this approach, is mental
crimes disease as diagnosed by a trained authorized person (Positivist theory)
Psychoanalytical Approach
• explanation of crime is based on the Freudian Theory – this theory
states that criminal behavior is caused by repression (suppression) of
the basic drives (Freud’s theory) 72
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Geographic Approach
• topography, natural resources, geographical location, and
climate are factors that lead a person to commit crime (Adolph
Quetelet’s Theory).
Socio–Cultural Approach
• causes of crimes can be traced from the effects of institutions, 73
economics, education, politics, and religion to the people
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(Albert Cohen’s Theory).
➢Criminologists today put emphasis on
scientific explanation of crime and
criminal behavior. Contemporary
CONTEMPORARY approaches are focused on the
psychoanalytical, psychiatric and
APPROACHES sociological explanations of crime in
an integrated theory.
➢Integrated theory is an explanatory
statement that combines ideas or
concepts from different sources. 74
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END OF MIDTERM DISCUSSION
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