BRB: Criminal Law terms

Question 1

What is the branch or division of law which defines:

1. crimes
2. treats of their nature
3. provides for their punishment

Answer 1

Criminal law

Question 2

What does ‘treats of their nature’ mean?

Answer 2

Explains the characteristics of crimes.

Question 3

Give an example of ‘treats of their nature’.

Answer 3

1. crimes against the state or society
2. crimes that are morally wrong
3. criminal intent
4. voluntary act or omission

Question 4

What does ‘provides for their punishment’ mean?

Answer 4

Determines their punishment.

Question 5

What do you call the act committed or omitted in violation of a public law forbidding or commanding it?

Answer 5

Crime

Question 6

What are the acts of the Legislature which prohibit certain acts and establish penalties for their violations; or those that define crimes, treat of their nature, and provide for their punishment.

Answer 6

Penal law

Question 7

What is the difference between criminal law and penal law?

Answer 7

Criminal law defines the offense of ‘theft’ which is unlawfully taking another person’s property.

Penal law specifies the punishment for ‘theft’ which is a certain number of years or a fine.

Question 8

What is the theory states that the punishment a person receives is meant to be a form of payback of justice for their wrongdoing, ensuring they face consequences for their deliberate actions.

Answer 8

Classical or Juristic Theory

Question 9

What is the meaning of “Criminal liability is based on free will…”?

Answer 9

When a person commits a crime because they choose to, so they are fully responsible.

Question 10

What is the meaning of “Punishment is about retribution…”?

Answer 10

The penalty should match the crime, without considering external factors like personal background or intent.

Question 11

What is the meaning of “Fixed penalties…”?

Answer 11

The more serious the crime, the higher the punishment, following a proportional system.

Question 12

What is the theory that views crime as a social phenomenon and lays stress on the criminal or the actor?

Answer 12

Positivist Theory

Question 13

What is the theory that is reformative and preventive, and it advocates individualized punishment?

Answer 13

Positivist Theory

Question 14

What is the theory states that when the criminal is only considered as a sick person who needs not to be punished but must be cured?

Answer 14

Positivist Theory

Question 15

What is the theory in which the purpose of punishment is the reformation and correction of the accused?

Answer 15

Positivist Theory

Question 16

What is the theory balances punishment and reformation based on the type of crime committed?

Answer 16

Eclectic or Mixed Theory

Question 17

What theory is applicable for serious/heinous crimes which focuses on free will and proportional punishment?

Answer 17

Classical or Juristic Theory

Question 18

What theory is applicable for economic and social crimes which focuses on rehabilitation and prevention?

Answer 18

Positivist Theory

Question 19

What theory focuses on the prevention of crime and the protection of society?

Answer 19

Utilitarian or Protective Theory

Question 20

[True or False] For Utilitarian Theory, the main goal of punishment is to exact revenge or retribution.

Answer 20

False.

Question 21

Who should be protected when interpreting penal laws?

Answer 21

The accused, not the state.

Question 22

Can the law be extended or expanded through implications, analogies, or equitable considerations?

Answer 22

No.

Question 23

Who is favored when there is doubt about the meaning of the law?

Answer 23

The accused.

Question 24

Can new crimes or multiple offenses be avoided when the law is ambiguous?

Answer 24

No.

Question 25

What is the word for "open to more than one interpretation; having a double meaning."

Answer 25

ambiguous

Question 26

What is the word for "unclear or inexact because a choice between alternatives has not been made."

Answer 26

ambiguous

Question 27

What should be considered in cases of doubt when interpreting the Revised Penal Code?

Answer 27

The Spanish text of the law should take precedence, as it is the original version from which translations were made.

Question 28

What is the term for "interpreting the law in a way that is favorable to the accused."?

Answer 28

Liberal construction

Question 29

Why is the law interpreted in favor of the accused?

Answer 29

It is not to let guilty people go free because of technicalities but to clearly define what actions are illegal.

Question 30

What is the word for "to revoke or annul"?

Answer 30

Repeal

Question 31

What is the word for "a minor change or addition designed to improve a text, piece of legislation, etc."?

Answer 31

Amendment

Question 32

When is a new law not applied to the accused?

Answer 32

1. they are a habitual delinquent 2. ongoing legal cases

Question 33

What happens when the new law imposes a heavier penalty?

Answer 33

1. It doesn't apply to the accused. 2. The old law applies

Question 34

What happens when the new law completely repeals the old one?

Answer 34

The crime is erased and the offender cannot be punished.

Question 35

What happens when the penalty is lighter?

Answer 35

The law is applied with exceptions.

Question 36

What is the purpose of having a Saving Clause?

Answer 36

When the new law says that pending/ongoing cases are unaffected, trial shall proceed under the old law.

Question 37

What does Reenactment mean?

Answer 37

Since the new law punishes the same act as the old law, offenders can still be punished under the new law.

Question 38

What is a Legal Vacuum?

Answer 38

A situation where there is no law or regulation to address a particular activity or situation. There is no clear law, or where an injustice is not being addressed.

Question 39

When can Penal Laws be applied Retroactively?

Answer 39

1. When the law is favorable to the accused; and 2. When the law decriminalizes an act.

Question 40

What do you call a law that is passed by Congress?

Answer 40

Statute

Question 41

What is an example of a Statute?

Answer 41

The Anti-Violence Against Women and Their Children Act (RA 9262)

Question 42

What is the meaning of Favorabilia Sunt Amplianda Adiosa Restrigenda?

Answer 42

When a new law is better for the accused, it can be applied to past cases.

Question 43

What principle means "favorable penal laws should be applied retroactively, while unfavorable penal laws should be restricted"?

Answer 43

Favorabilia Sunt Amplianda Adiosa Restrigenda

Question 44

What principle means "when in doubt, rule in favor of the accused"?

Answer 44

In Dubio Pro Reo

Question 45

What is the meaning of "Pro Reo"?

Answer 45

For the Accused

Question 46

What is a legal principle that allows a law to be used to supplement another law when the other law is silent on a specific issue?

Answer 46

Suppletory Application

Question 47

Are offenses punishable under Special Laws subject to the provisions of the Revised Penal Code (RPC)?

Answer 47

Yes, the RPC shall be supplementary to special laws.

Question 48

Can a judge use the RPC to apply a lighter penalty that what is stated in the Special Law?

Answer 48

Yes.

Question 49

What is the meaning of "Mala in Se"?

Answer 49

Evil in Itself

Question 50

What is the meaning of "Mala Prohibita"?

Answer 50

Wrong Because Prohibited

Question 51

What do you call crimes that are inherently wrong or evil, regardless of the law?

Answer 51

Mala in Se

Question 52

What do you call acts are considered immoral or harmful to society?

Answer 52

Mala in Se

Question 53

What are examples of Mala in Se?

Answer 53

Murder, rape, theft, arson

Question 54

What do you call crimes that are not inherently evil but are illegal because the law prohibits them?

Answer 54

Mala Prohibita

Question 55

What do you call acts are considered crimes only because they violate a specific rule?

Answer 55

Mala Prohibita

Question 56

What are examples of Mala Prohibita?

Answer 56

llegal parking, tax evasion, jaywalking, possession of unlicensed firearms.

Question 57

In Mala in Se, what must be clearly established with other elements of the crime; otherwise, no crime is committed?

Answer 57

Criminal Intent

Question 58

In Mala in Se, what must be shown when someone is charged with murder?

Answer 58

That offender had intended to kill the victim, not just the victim died.

Question 59

What is not required in Mala Prohibita crimes when an act is banned for public policy reasons?

Answer 59

Criminal Intent

Question 60

Can good faith be a defense for Mala Prohibita?

Answer 60

No.

Question 61

What does "good faith" mean?

Answer 61

acting honestly, sincerely, and without the intention to deceive or harm others

Question 62

What does not matter in Mala Prohibita crimes?

Answer 62

Malice or evil intent

Question 63

Why is malice unnecessary in Mala Prohibita crimes?

Answer 63

The crime is defined by whether the act violates a law, not by the person’s intention.

Question 64

What are the 3 main characteristics of criminal law?

Answer 64

1. General 2. Territorial 3. Prospective

Question 65

What does "sojourn" mean?

Answer 65

temporary stay

Question 66

What principle ensures that criminal laws are not discriminatory or selectively applied?

Answer 66

Generality Principle

Question 67

What principle states that everyone, regardless of status, position, or nationality, is subject to the same criminal statutes when in the jurisdiction?

Answer 67

Generality Principle

Question 68

When is Generality Principle not applied?

Answer 68

1. Principles of public international law 2. Treaty stipulations 3. Preferential application

Question 69

What exception is applied when diplomats, consuls, and representatives of foreign government may not subject to local criminal laws?

Answer 69

Principles of public international law

Question 70

What exception is applied when military personnel, international organization may not be subject to local criminal laws?

Answer 70

Treaty stipulations

Question 71

What does "Preferential Application" mean?

Answer 71

Selective enforcement or application of legal provisions to specific individuals, groups, or situations based on special circumstances

Question 72

Who are the persons exempted from the application of our criminal laws under international law?

Answer 72

1. Sovereigns and other chiefs of state 2. Charge d'affaires 3. Ambassadors 4. Ministers plenipotentiary and ministers resident

Question 73

Who are the supreme rulers of a nation? (e.g. king, queen, emperor)

Answer 73

Sovereigns

Question 74

Who are lowest-ranking head of a diplomatic mission, usually acting in the absence of an ambassador?

Answer 74

Charge d'affaires

Question 75

Who are the highest-ranking diplomatic representative to another country?

Answer 75

Ambassadors

Question 76

Who is below an ambassador but with full authority to act on behalf of their government?

Answer 76

Ministers Plenipotentiary

Question 77

Who is below a minister plenipotentiary; maintains relations but has limited authority?

Answer 77

Minister Resident

Question 78

Who are the heads of a country? (e.g. president, monarch, or other state leader)

Answer 78

Chiefs of State

Question 79

What principle means that Philippine criminal laws only apply within the country’s borders. If a crime happens outside the Philippines, other countries' laws usually apply unless an exception exists.

Answer 79

Territoriality principle

Question 80

What are the 5 exceptions to the Territoriality principle? Provisions shall be enforced outside of the jurisdiction of the Philippines against those who:

Answer 80

1. Should commit an offense while on a Philippine Ship or airship; 2. Should forge or Counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the Introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being Public officers or employees, should 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 Title One of Book Two of this Code.

Question 81

What principle states that as a general rule, penal laws should not have retroactive application, lest they acquire the character of an ex post facto law?

Answer 81

Prospectivity principle

Question 82

What rule means that criminal laws apply only to crimes committed after the law takes effect. Laws cannot be applied to punish actions that were done before the law was passed?

Answer 82

Rule on Prospectivity

Question 83

What is a law that punishes someone for an action that was not illegal when it was committed?

Answer 83

Ex post facto law

Question 84

What is the literal term for "Ex post facto law"?

Answer 84

After the fact