A. Nature and Definition Flashcards
What is Criminal Law?
It is a branch or division of law which defines crimes, treats of their nature and provides for their punishment.
What are Penal Laws?
These are acts of the Legislature, which prohibit certain acts and establish penalties for their violations.
How to define a crime?
(1) What particular acts constitutes the crime
(2) What are the the elements of the act
What is Criminal Procedure?
It is a body of rules that enforces or regulates criminal law. Essentially, provides for the steps in the apprehension, prosecution, and/or conviction of the accused.
What are the differences between Criminal Law and Criminal Procedure?
As to nature, criminal law is substantive in character, whereas criminal procedure is remedial in character.
As to application, criminal law is prospective unless the new law is favorable to the accused, provided that the accused is not a habitual delinquent and where the new law was not expressly made inapplicable to pending actions or existing causes of actions. On the other hand, criminal procedure is retrospective in character, in favor of the ends of substantial justice.
As to authority who may promulgate, criminal law is enacted by Congress whereas criminal law is promulgated by the judiciary.
What if a certain act is so abhorrent but there is no law punishes it, is it a crime?
Will the perpetrator be sort of free?
Can he be civilly liable?
No, it is a not crime because even if a crime is so abhorrent but it is not defined by the statutes, then there is no crime.
Yes, he will be free because there is no crime right when he did the act.
Yes, he can be liable falling under Civil Law, particularly in Torts, which discusses violation of one’s right under the law.
Can a President create a law that defines a crime?
But during the time of President Marcos, he created various Presidential Decrees which penalizes acts which thereby fall under Criminal Law?
No, the president can never create a law that defines a crime because the construction of penal laws is solely belongs to the legislative.
During Martial Law, the President took over or exercise the power of the legislative. According to Supreme Court, during that time he had the authority to create and promulgate laws or penal statutes.
What is a crime?
As defined in the book of Justice Luis B. Reyes, it is an act committed or omitted in violation of a public law forbidding or commanding it.
It is a generic term that embraces any violation of the Revised Penal Code, special penal law, and municipal or city ordinances
To make it short, a crime is an act or omission punishable by law.
What is a felony?
It is a crime punishable under the Revised Penal Code committed either intentionally or negligently.
What is an offense?
It is a crime punishable under special penal laws.
What is an infraction?
It is a violation of ordinances.
What is malum in se?
Malum in se is a Latin word which means “evil in itself”. It is an act that is considered a crime because it is inherently evil.
What is malum prohibitum?
Malum prohibitum is a Latin word which means “prohibited evil”. It is an act that is considered a crime because it is being prohibited by statute, although the act itself is not necessarily immoral.
How to distinguish felonies from offenses?
Felonies are crimes under the Revised Penal Code, while offenses are crimes under special penal laws. Felonies can be sometimes called as offenses, however, offenses can never be called as felonies.
Can you define what is a crime, felony, offense, and infraction?
A crime is an act or omission punishable by law. It is a general term embracing the terms felonies, offenses, and infractions. Felonies are crimes punishable under the Revised Penal Code, whereas offenses are crimes punishable under the special penal laws. On the other hand, infractions are violations of municipal or city ordinances.
