Characteristics of Criminal Law Flashcards
What are the characteristics of criminal law?
- Generality;
- Territoriality;
- Prospectivity
What is generality?
Penal laws shall be binding on all persons who LIVE, RESIDE OR SOJOURN in the Philippines, regardless of race, color, religion, and other personal circumstances
Exceptions to generality?
- General accepted principles of international law;
- Laws of preferential application
What are the generally accepted principles of international law in relation to generality
Sovereigns, heads of states, and other diplomatic officials such as public ministers are immune from the criminal jurisdiction of the country where they are assigned
Are consuls covered by blanket immunity?
No. Unless:
1. The act was done in connection with their official duty;
2. A treaty stipulation between the host country and the mother country provides for immunity for the consul
What is territoriality
It provides that the penal laws shall have force and effect only on acts committed within the Philippine archipelago, including its atmosphere, internal waters, and maritime zones.
What are continuing crimes
These are crimes which can be prosecuted in any place where its elements occurred
Example of a continuing crime
RA 9262 VAWC per AAA and BBB
What is prospectivity
Penal laws should only be applied prospectively
What are the exceptions to prospectivity
- Art. 22 of the RPC provides that the law shall have retroactive application if it is favorable to the accused; provided that the accused is not a habitual delinquent;
- The law expressly provides for retroactive application
What is the pro reo doctrine
It provides that penal laws shall always be construed and applied liberally in favor of the accused and strictly against the state
What is the lenity rule
Whenever a penal provision is susceptible of 2 interpretations - one which is lenient and favorable to the accused and one which is strict and go against the accused to bring about his conviction, the lenient provision shall prevail over the strict interpretation.
What is the equipoise rule
Whenever the evidence of the prosecution is equally balanced with the evidence of the accused, the scales of justice shall be tiled in favor of the accused
Exceptions to territoriality principle
Article 2 of the RPC provides that penal laws may be enforced outside the jurisdiction of the PH in the following cases:
- Should commit an offense while on a PH ship or airship;
- Should forge or counterfeit any coin or currency note of the PH islands or obligations and securities issued by the Government;
- Should be liable for acts connected with the introduction into these islands of the obligatoins and securities mentioned in the preceding umber;
- While being public officers or employees, should commit an offense in the exercise of their functions; or
- Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
