part 4 Flashcards by Czarina Domingo

refers to the law of God

Divine Law

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common law being followed by the individual.

Natural Law

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The law created by the legislators.

Statutory Law

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is the branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

Criminal law

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When did the Revised Penal Code took effect on?

January 1, 1932

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It deals with the general principle of criminal law, computation of penalties, extinguishment of penalties, among others.

Revised Penal Code Book 1

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It deals with different crimes, together with their elements and corresponding penalty.

Revised Penal Code Book 2

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“An act done by me against my will is not my act. “

Actus me invito factus non est meus actus

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“He who is the cause of the cause is the cause of the evil caused.”

El que es causa de la causa es causa del mal causado

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“There is no crime if there is no law that punishes the act.”

Nullum crimen, nulla poena sine lege

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“Damage without injury.”

Damnum Absque Injuria

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“The Law may be harsh but it is the Law.”

Dura lex sed Lex.

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the criminal law is binding on all persons who live or sojourn in the Philippine territory.

general characteristic of criminal law

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states that as a rule, the criminal law undertakes to punish crimes committed within the Philippine territory.

territorial characteristic of criminal law

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Such crimes are not triable in the courts in the country where the vessel is located, unless their commission affects the peace and security of the territory or the safety of the State is endangered

French rule

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Such crimes are triable in the country where the vessel is located, unless they merely affect things within the vessel or they refer to the internal management thereof.

English rule

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a penal law cannot make an act punishable in a manner in which it was not punishable when committed.

Prospective characteristic of criminal law

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a person has been proven guilty.

Legal viewpoint

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crime exists when it is reported

Scientific view point

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is against the penal law of a state (NATIONALISTIC)

Crime

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is against the spiritual or divine law

Sin

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is against the unwritten social norms in locality; it depends in the customs or traditions in a place (REGIONALISTIC)

Immorality

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too many laws

Overcriminalization

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Undercriminalization

not enough laws

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those spent by the government or private sector for the maintenance or the police and security guards for crime detection, prosecution and judiciary, support of prison systems.

Direct expenses

those expenses utilized to prevent the commission of crimes like the construction of window grills, fences, gate, purchase of door locks, safety vaults, hiring of watchmen, feeding of watchdog, etc.

Indirect expenses

Crimes committed by means of deceit/malice (dolo)

intentional crimes

Elements of Intentional Crimes

Freedom, Intelligence, Intent

committed by means of fault (culpa)

culpable crimes

is the purpose to use particular means to effect a definite result

Intent

moving power which impels one to action

motive

Elements of Culpable Crimes

Freedom, Intelligence, imprudence, negligence, lack of foresight, or lack of skill

are those to which the law attaches the capital punishment or penalties which in their periods are afflictive

Grave felonies

are those which the law punishes with penalties which in their maximum period are correctional in nature

Less grave felonies

are those infractions of law for the commission of which the penalty of arresto menor

Light felonies

An act adjusting the amount or the value of property and damage on which a penalty is based, and the fines imposed under the Revised Penal Code

RA 10951 (Aug 31, 2017)

Otherwise known as "The Revised Penal Code, enacted on___

Act No. 3815 ; January 1, 1932

laws that are not in RPC but are enacted by the legislators or the congress

special law

are those so serious in their effects on society as to call from almost unanimous condemnation from its members

crimes mala in se (evil itself)

are violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of society

crimes mala prohibita (prohibited evil)

are those that can be consummated at an instant.

Formal crimes

are those with attempted, frustrated and consummated stages.

Material crimes

is when all the elements necessary for its execution and accomplishment are present.

Consummated felony

is when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

Frustrated felony

is when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.

Attempted felony

is the portion of acts constituting the crime, including from the point where the offender begins the commission of the crime to that point where he has still control over his acts, including their (acts) natural cause.

Subjective Phase

is the portion of acts constituting the crime, including from the point where the offender performed all the acts of execution which may produce the crime as a consequence to that point where the crime is committed.

objective phase

a single act constitutes only one offense.

Simple crime

when a single act constitutes two or more grave or less grave felonies

Complex crime

where one or some of the offenses must be necessary means to commit the other.

Complex crime proper

when a single act constitutes two or more grave or less grave felonies.

Compound crime

the offender acquires something

Acquisitive crime

the consequence of the act is destructive

Extinctive crime

committed only during a certain period of the year

Seasonal crime

committed only when the situation is conducive to its commission

Situational crime

committed in the shortest possible time

Instant crime

committed by a series of acts in a lengthy space of time

Episodic crime

committed in only one place

Static crime

committed in several places

Continuing crime

committed with intent and the offender is in full possession of his sanity

Rational crime

committed by an offender who does not know the nature and quality of his act on account of the disease of the mind

Irrational crime

committed by a person belonging to the upper socio-economic class in the course of his occupational activities

White-collar crime

committed by ordinary professional criminal to maintain his livelihood

Blue-collar crime

These are the crime committed by the respectable members of the society

Crime of the upper world

These are the crime committed which is ordinary in nature

Crime of the underworld

any person who has been found to have committed a wrongful act in the course of the standard judicial process

criminal in the legal sense

a person is already considered a criminal the moment he committed a crime.

criminal in the criminological sense

persons who violate criminal law because of the impulse of the moment, fit of passion or anger

Acute criminals

persons who acted in consonance with deliberate thinking

Chronic criminals

persons whose actions arise from the intrapsychic conflict between the social and anti-social components of his personality.

Neurotic criminals

persons whose psychic organization resembles that of a normal individual except that he identifies himself with criminal prototype

Normal criminals

the lowest form of criminal career

Ordinary criminals

these criminals have a high degree of organization that enables them to commit crimes without being detected and committed to specialized activities which can be operated in large scale businesses.

Organized criminals

these are highly skilled and able to obtain considerable amounts of money without being detected because of organization and contact with other professional criminals.

Professional criminals

those who earn their living through criminal activities.

Professional criminals

those who commit criminal acts as a result of unanticipated circumstances

Accidental criminals

those who continue to commit criminal acts for such diverse reasons due to deficiency of intelligence and lack of control

Habitual criminals

when you commit a crime with the same title in the RPC

Recidivist

nakagawa ng krimen nang paulit ulit pero hindi same title sa RPC

Habitual Delinquent

those who are actually not criminals but get in trouble with legal authorities because they commit crimes intermixed with legitimate economic activities.

Situational criminals

those who commit crime in an impulsive manner usually due to the aggressive behavior of the offender.

Active aggressive criminal

those who commit crimes because they are pushed to it by inducement, by reward or promise without considering its consequence. They are called___

Passive inadequate criminal ; ulukan

those who are normal in their behavior but merely defective in their socialization processes. This group belongs to the educated respectable member of society who may turn criminal on account of the situation they are involved in.

Socialized delinquent

part 4 Flashcards

(83 cards)