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    Characteristics of Criminal Law

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    Yani
    Criminal law in the Philippines has three main characteristics: 1. Generality - it applies to all people in the Philippine territory, except diplomats and heads of state. 2. Territoriality - Philippine penal laws can only be enforced within the country's territory, with some exceptions such as crimes committed on Philippine ships or counterfeiting currency. 3. Prospectivity - penal laws cannot punish acts that were legal when committed, except if the new law is more favorable to the accused. There are two main theories of criminal liability: the classical theory based on free will and retribution, and the positivist theory viewing crime through a social and economic lens aimed at prevention.

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    Characteristics of Criminal Law

    Uploaded by

    Yani
    7K views6 pages
    Criminal law in the Philippines has three main characteristics: 1. Generality - it applies to all people in the Philippine territory, except diplomats and heads of state. 2. Territoriality - Philippine penal laws can only be enforced within the country's territory, with some exceptions such as crimes committed on Philippine ships or counterfeiting currency. 3. Prospectivity - penal laws cannot punish acts that were legal when committed, except if the new law is more favorable to the accused. There are two main theories of criminal liability: the classical theory based on free will and retribution, and the positivist theory viewing crime through a social and economic lens aimed at prevention.

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    Criminal law in the Philippines has three main characteristics: 1. Generality - it applies to all people in the Philippine territory, except diplomats and heads of state. 2. Territoriality - Philippine penal laws can only be enforced within the country's territory, with some exceptions such as crimes committed on Philippine ships or counterfeiting currency. 3. Prospectivity - penal laws cannot punish acts that were legal when committed, except if the new law is more favorable to the accused. There are two main theories of criminal liability: the classical theory based on free will and retribution, and the positivist theory viewing crime through a social and economic lens aimed at prevention.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    7K views6 pages

    Characteristics of Criminal Law

    Uploaded by

    Yani
    Criminal law in the Philippines has three main characteristics: 1. Generality - it applies to all people in the Philippine territory, except diplomats and heads of state. 2. Territoriality - Philippine penal laws can only be enforced within the country's territory, with some exceptions such as crimes committed on Philippine ships or counterfeiting currency. 3. Prospectivity - penal laws cannot punish acts that were legal when committed, except if the new law is more favorable to the accused. There are two main theories of criminal liability: the classical theory based on free will and retribution, and the positivist theory viewing crime through a social and economic lens aimed at prevention.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 6

    CHARACTERISTICS CRIMINAL LAW (GENERALITY, TERRITORIALITY,

    PROSPECTIVITY):
    1. GENERAL-it is binding on all persons who live or sojourn in the Philippine
    territory (Art. 14, NCC)
    EXCEPTIONS:
    a) Treaty stipulations
    b) Laws of preferential application
    c) Principles of Public International Law
    The ff. persons are exempted:
    a. Sovereigns and other chief of state
    b. Ambassadors, plenipotentiary, ministers, resident and charges, and affaires.
    *Consuls, vice-consuls and other commercial representatives of foreign nation
    cannot claim the privileges and immunities accorded to ambassadors and
    ministers:
    2. TERRITORIAL- penal laws of the Philippines are enforceable only within its
    territory.
    EXCEPTIONS: (Art. 2)
    1) Offense committed while on a Philippine ship o airship.
    2) Forging or counterfeiting any coin or currency note of the Philippines
    or obligation and securities issued by the Government.
    3) Introduction into the country of the above-mentioned obligation and
    securities.
    4) While being public officers and employees commit an offense in the
    exercise of their functions.
    5) Should commit any of the crimes against national security and the law
    of nations defined in the Title One Book Two.
    3. PROSTPECTIVE
    GENERAL RULE: Penal laws cannot make an act punishable in a manner in
    which it was not punishable when committed.
    EXCEPTIONS: (when it may retroact. When the new law is favorable to the
    accused.
    EXCEPTION TO THE EXCEPTION:
    a. The new law is expressly made inapplicable to pending actions or existing
    causes of an actions.
    b. Offender is a habitual criminal.
    2 THEORIES IN CRIMINAL LAW

      CLASSICAL POSITIVIST

    Basic of criminal Human free will The sum of social and


    liability   economic phenomena to
    which the actor is expose.

    Purpose of penalty Retribution Prevention or correction.

    Exemplified in The RCP in general The provisions in


    impossible crimes and
    habitual delinquency

    Note: A third may be added which is called.


    Eclectic or Mixed Theory – combination of positivist and classical thinking.
    -crimes that are economic and social in nature should be dealt in a positive manner; thus,
    the law is more compassionate.
    ART. 2-APPLICATION OF ITS PROVISIONS
    RULES ON VESSELS:
    1) Philippine vessel or aircraft.
     Must be understood as that which is registered in the Philippine Bureau of
    Customs.
    1) On Foreign Merchant Vessels
     FRENCH RULE:
    GENERAL RULE: Crimes are not triable in the courts of the country.
    EXCEPTION: When their commission affects the peace and security of the
    territory or when the safety of the state is endangered.
     ENGLISH RULE:
    GENERAL RULE: Crimes are triable in the country.
    EXCEPTION: When they merely affect things within the vessels or when
    they refer to the internal management thereof.
     In this country, we follow the English Rule
    3) On Public Vessels
     MERCHANT VESSELS- more or less subject to territories
    laws.
     WARSHIP- not subject to territory laws.

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