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Midterm Discussion-Crimso1

This document discusses crime and criminal law. It defines crime and related terms like offense and felony. It explains that a crime has two components - the actus reus, or guilty act, and mens rea, or criminal intent. It discusses the principle of legality and the anatomy of a crime including instrumentality, motive, and opportunity. It provides formulas for calculating crime rates. It also discusses the Revised Penal Code of the Philippines and the sources and characteristics of criminal law. Finally, it explains the different stages of a felony including consummated, frustrated, and attempted crimes.

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0% found this document useful (0 votes)
71 views75 pages

Midterm Discussion-Crimso1

This document discusses crime and criminal law. It defines crime and related terms like offense and felony. It explains that a crime has two components - the actus reus, or guilty act, and mens rea, or criminal intent. It discusses the principle of legality and the anatomy of a crime including instrumentality, motive, and opportunity. It provides formulas for calculating crime rates. It also discusses the Revised Penal Code of the Philippines and the sources and characteristics of criminal law. Finally, it explains the different stages of a felony including consummated, frustrated, and attempted crimes.

Uploaded by

Brent Velasco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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MODULE 2

UNDERSTANDING CRIME: CRIMINAL


ETIOLOGY & SOCIOLOGY OF LAW
MIDTERM GRADING DISCUSSION
“An ounce of
Prevention is worth a
pound of cure”.
- Benjamin Franklin -
WHAT IS CRIME?
it refers to any violation or infraction of the
existing policies, laws, rules and regulations of the
society.
is an act omitted or committed in violation of
public law forbidding nor commanding it;
TERMS RELATED TO CRIME

• an act or omission punishable by


OFFENSE
special laws;

• an act or omission punishable by the


FELONY
RPC;
• an act against simple rules and
MISDEMEANOR regulations like city or municipal
ordinances;

SIN • against the bible


CRIMES ARE DEFINED BY TWO COMPONENTS:
▪ ACT (ACTUS REUS)
➢ outward movement tending to produce effect; guilty
act
▪ MENTAL STATE (MENS REA)
➢ Criminal intent; a guilty mind
Example: A person purposely commits a criminal act when
they desire to engage in criminal conduct to cause a
particular criminal result.
THE PRINCIPLE OF LEGALITY

Nullum Crimen • There can be no crime


Sine Lege without law.
• One cannot be punished for doing something
Nulla Poena Sine that is not prohibited by law.
Lege • Thus moral wrongs are not legal wrongs and
are therefore not punishable.

Nullum Crimen • There can be no crime without


Sine Poena punishment.
ANATOMY OF A CRIME

• the means or instrument used in the


INSTRUMENTALITY
commission of the crime.

• the reason or cause why a person or group of


MOTIVE persons will perpetrate a crime.

• Chance or twist of fate, consist of the acts by a


OPPORTUNITY person that enables another person or group
of persons to perpetrate the crime.
SCIENTIFIC FORMULA OF CRIME

𝐓+𝐒
C= C=Crime
𝐑 T=Tendencies
S=Situation
R=Resistance
FORMULA OF CRIME RATE

Number of Reported Crimes


x100,000
Total Population
EXAMPLES

1. In 2018 there were 58,100 physical injuries in the


Philippines and the population was 106,886,636.
▪ Physical injury crime rate: 54.36 per 100,000 general
population.
2. In 2020 there were 48,650 robberies in Philippines
and the population was 104,256,076.
▪ 46.66
CRIME AND CRIMINAL LAW

▪ 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

1.The Revised Penal Code (Act. No. 3815)


and its amendments.
2.Special Penal Laws
3.Penal Presidential Decrees
CHARACTERISTICS OF CRIMINAL LAW

Generality Territoriality Prospectivity


laws applies to all (Filipinos and laws apply within the Philippine laws cannot punish previous crimes
foreigners) territory only. committed after a law is enacted.
HISTORY OF REVISED PENAL CODE

▪ 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:

It does not respect age,


sex, culture, customs and Crime is a worldwide It occurs in all the existing
Its causes are multifarious. It is difficult to eradicate.
tradition, race, and religion phenomenon. economic strata.
of the society.
“Differentiae” of Crime:
1. An act maybe called crime if there is a certain external consequence or harm.
Physical injury is the most obvious external consequence of an offensive action.
2. The harm must be legally forbidden and prescribed by the law.
3. There must be a conduct; that is, there must be an intentional or reckless action that
results to harmful consequence.
4. “Mens Rea” must be present.
5. There must be a fusion or concurrence of mens rea and conduct.
6. There must be a casual relationship between the legally forbidden harm and the
voluntary misconduct.
7. There must be legally prescribed punishment of the misconduct.
CLOSE EXAMINATION OF CRIME:
▪ Before saying that a crime has been committed, you must have a
“personal knowledge” of its actual commission or that you must have
caught the offender “in flagrante delicto”.
▪ An act can only be called as crime if there is a law that defines it,
prohibit its commission, and provides punishment for its commission.
▪ In a criminal act, there should be malicious intent - a harmful
consequence (oppressive outcome of an act) is an inherent result.
▪ There should be a continuity of the criminal act before an offender is
criminally charged.
STAGES OF FELONY: ART. 6, RPC
CONSUMMATED, FRUSTRATED &
ATTEMPTED
CONCEPTS TO BETTER UNDERSTAND THE STAGES OF
FELONY
INTERNAL ACTS EXTERNAL ACTS PHASES OF FELONY
❖TWO KINDS OF EXTERNAL 1. Subjective Phase
▪ Rule: Intent, ideas and plans;
ACTS − that portion of its execution
generally are not punishable, 1. Preparatory Acts starting from the point
− do not have a direct where the offender begins
even if, had they been carried by overt acts to pursue the
connection with the crime
out, they would constitute a which the offender crime until he is prevented,
intends to commit. These against his will, by some
crime. acts do not yet constitute outside cause from the
even the first stage of the performing all of the acts
execution. Except: which would produce the
independent crimes- offense.
possession of pick locks. 2. Objective Phase
2. Acts of Execution − the results of the acts of
− Usually they are overt acts execution, that is the
with a logical relation to a accomplishment of crime.
particular concrete
offense.
MANNER OF COMMISSION

a. Formal Crimes – consummate in one single act (no attempt)


▪ Ex: Slander, false testimony
b. Material crimes – have 3 stages of execution (not one
single act)
ATTEMPTED CRIME
➢ The offender begins the commission of the felony by direct
overt acts but does not perform Itall the
refers acts
to the ofwould-be
act of execution
offender in not
which should produce the felonypursuing
as a consequence by
the performance of all the acts of
execution.
reason of some cause or accident other than his own
spontaneous desistance.
❑ ELEMENTS
1. The offender commences the commission of the felony
directly by overt acts;
2. He does not perform all the acts of execution which
should produce the felony;
3. The offender’s act be not stopped by his own
spontaneous desistance; and
4. The non-performance of all acts of execution was due
to cause or accident than his spontaneous desistance.
FRUSTRATED CRIME
➢ the accused has performed all the acts of execution necessary to produce the
felony but the crime is not produced by reason of causes independent of the
will of the accused.
❑ ELEMENTS
1. The offender performs all the acts of execution;
The elements of the criminal offense were all
2. All the acts performed would produce the felony as a consequence;
executed but the main evil intent of the offender did
3. But the felony is not produced;
not take place.
4. By reason of causes independent of the will of the perpetrator.

▪ EXAMPLE OF CRIME WITH NO FRUSTRATED STAGE: Rape, Indirect


Bribery, Corruption, Adultery, Physical Injury, Theft
When is the crime attempted or frustrated?
1. First View: “The subjective phase doctrine”. If at that point where
the accused has still control over the results of his actions but is
stopped by reason outside of his own desistance and the subjective
phase has not been passed, the offense is attempted.

2. Second View: The Mortal Wound or Life Threatening Injury Doctrine:


If a mortal wound or life threatening injury had been inflicted, the
offense is frustrated, else it is attempted (Palaganas vs. PP., Sept. 12,
2006)

3. Third View: The belief of the accused should be considered in that if


the accused believed he has done all which is necessary to produce
death, then it is frustrated.
CONSUMMATED CRIME

▪ All elements necessary for accomplishment are done.


▪ whether it be the intended crime or a different crime.
▪ The elements of the criminal act were all completely
executed thus producing the corpus delicti (body of the
crime).
− the elements of the crime, that create the basic facts
necessary to prove the commission of a crime.
Relativity of Crime:
What are the changing concepts of crime and criminal laws?
− Most of the existing laws define acts as crimes when
some acts were not crimes a few years ago.
− Laws differ from jurisdiction to another and so with acts,
which are considered as crimes.
− Interpretation and implementation of laws vary in terms
of:
a. characteristics of crimes
b. status of offenders
c. age
d. status of enforcers
GENERAL CLASSIFICATION
OF CRIMES

Introduction to Criminology
34
As to
Atrocity – ▪ grave offense (capital punishment)

severity of ▪ less grave offense (correctional)

the criminal ▪ minor/light offense (arresto menor or a


fine)
act/offense

35

Introduction to Criminology
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
36

Introduction to Criminology
▪economic crimes

As to ▪sexual crimes

MOTIVE ▪political crimes


▪miscellaneous crimes

37

Introduction to Criminology
▪ crimes against persons
▪ crimes against property
As to ▪ crimes against morals
Statistical ▪ crimes against public order
Purposes ▪ crimes against security

38

Introduction to Criminology
▪ crimes punishable by afflictive
penalties

As to ▪ crimes punishable by correctional

PENALTY
penalties
▪ crimes punishable by light
penalties

39

Introduction to Criminology
▪ Reclusion Perpetua: 20-0-1 to 40-0-0

▪ Reclusion Temporal: 12-0-1 to 20-0-0


DURATION OF
PENALTIES ▪ Prision Mayor and Temporary
Disqualification: 6-0-1 to 12-0-0

▪ Prision correccional, suspension, and


destierro: 0-6-1 to 6-0-0

▪ Arresto Mayor: 0-1-1 to 0-6-0


40

Introduction to Criminology ▪ Arresto Menor: 0-0-1 to 0-0-30


Afflictive Correctional Light
penalties Penalties Penalties

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

Introduction to Criminology
CIRCUMSTANCES
AFFECTING CRIMINAL
42

LIABILITY
Article 11-15 of RPC
Introduction to Criminology
➢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

Introduction to Criminology
➢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

Introduction to Criminology
➢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

Introduction to Criminology
➢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
46

Introduction to Criminology
➢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.
47

➢Art.15 of Book 1
Introduction to Criminology
➢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

Introduction to Criminology
CRIMINOLOGICAL 49

CLASSIFICATION OF
CRIMES
Introduction to Criminology
Acquisitive Crime –
when the offender
As to the acquires something as a
consequence of his
result of crime criminal act.

Extinctive Crime – crime


is extinctive when the
result of criminal act is
destruction
50

Introduction to Criminology
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

Introduction to Criminology
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
52

Introduction to Criminology
Static Crime –
As to the place of the committed only
location of the in one place
commission:

Continuing Crime
–committed in
several places 53

Introduction to Criminology
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

Introduction to Criminology
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;

Blue Collar Crime –committed by


ordinary professionals to maintain
their livelihood; theft; robbery;
arson
55

Introduction to Criminology
Upper World Crime –
committed by individuals
As to the standard of belonging the upper class of
living of the
criminals society

Under World Crime –


committed by members of
the lower or under privilege
class of society 56

Introduction to Criminology
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

Occupational (service-related) Crime


–committed by rendering all service to
satisfy the desire of another;
57

Introduction to Criminology
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

Emergency Crimes - crimes that are committed


to take advantage of an abnormal situation, or
the nature of a social problem, or the
vulnerability of a person or groups of persons. 58

Introduction to Criminology
Dolo – deceit; there is deceit
How crimes when the act is performed
committed are with deliberate intent;
based on the RPC?

Culpa – fault; when wrongful


act results from imprudence,
negligence, lack of foresight,
or lack of skill; unintentional 59

Introduction to Criminology
− 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.
60
❖Examples are: drug addiction, prostitution,
and gambling.
Introduction to Criminology
− The victim is the accused.

Victimless − In the law, case law has developed to

crime has discuss what used to be termed


the following "victimless" crime:
applications: ➢It applies to adults, and specifically
not to minors who have not yet
reached the age of consent, where
61
age of consent is relevant.
Introduction to Criminology
− Index crimes are violent crimes.
− Criminal acts that involve threats or
What are actual physical harm to a victim by an
INDEX offender. It presents not only offenses
CRIMES? that we recognize as violent (murder,
rape, robbery) or other acts involving
force and intimidation but also
“violent crimes” that are commonly
considered as ‘social problems’ such as
domestic violence, child abuse, elder 62

abuse, etc.
Introduction to Criminology
➢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

Introduction to Criminology
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

Introduction to Criminology
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.

65

Introduction to Criminology
Based on Ordinary Criminal – considered as
the lowest mammal in the criminal

Behavioral profession; he was forced by


opportunity pushed to commit

System:
crime

Professional Criminal – one who is


engaged in criminal activities with
high degree of skill; he uses crime
to maintain a living

66

Introduction to Criminology
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

Socialized Delinquent – individual with defective


socialization process or development thus he lacks
proper moral values or ethical standards
67

Introduction to Criminology
Other Accidental Criminal – one
Classification who commits crime when
the situation is conducive;
of Criminals:

Habitual Criminal – one who


unconsciously developed the
habit of committing crime
due to lack of self–control;
68

Introduction to Criminology
− 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.
69

Introduction to Criminology
70

GENERAL APPROACHES IN THE


STUDY OF CRIMES

Introduction to Criminology
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

Introduction to Criminology
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).

SUBJECTIVE Psychological Approach


APPROACHES: • explains that development of criminal behavior (deviations of normal
behavior resulting to unpleasant emotions) is caused by deprivation
biological from psychological needs of man (Theories of Freud and Maslow)

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

Introduction to Criminology
Geographic Approach
• topography, natural resources, geographical location, and
climate are factors that lead a person to commit crime (Adolph
Quetelet’s Theory).

OBJECTIVE Ecological Approach


APPROACHES: • the biotic grouping of men resulting to migration, competition,
social discrimination, division of labor, and social conflict are
social processes factors that cause crime (Ezra Park’s theory)
Economic Approach
and institutions • financial insecurity and inadequacy of the necessities to
support life are important factors to criminality (Robert King
Merton’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
Introduction to Criminology
(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

Introduction to Criminology
END OF MIDTERM DISCUSSION

75

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