CRIMINAL LAW 1 Flashcards
branch or division of law which defines crimes, treats of their nature, and provides for their punishment
CRIMINAL LAW
is an act committed or omitted in violation of a public law forbidding or commanding it.
CRIME
This code shall take effect on January 1, 1932
REVISED PENAL CODE
The Revised Penal Code consists of how many books?
Two/2
Book __ deals with the basic principles of criminal law, felonies, circumstances affecting criminal liability such as justifying, exempting, mitigating, aggravating and alternative circumstances including absolutory causes and extenuating circumstances.
One
In Book __are defined felonies with the corresponding penalties, classified and grouped under fourteen different titles (Arts. 114-365).
Two
Are Court decisions a source of criminal law?
No, because they merely explain the meaning of, and apply, the law as enacted by the legislative branch of the government.
The so-called ____ known in the United States and England as the body of principles, usages and rules of action, which do not rest for their authority upon any express and positive declaration of the will of the legislature, are not recognized in this country.
COMMON LAW CRIMES
wrongful from their nature, such as theft, rape, homicide
MALA IN SE
wrong merely because prohibited by statute, such as illegal possession of firearm
MALA PROHIBITA
the only inquiry
MALA PROHIBITA
the intent governs
MALA IN SE
refers generally to felonies and penalized by the Revised Penal Code
MALA IN SE
refers generally to acts made criminal by special laws
MALA PROHIBITA
State an important maxim in criminal law.
Nullum crimen, nulla poena sine lege
(There is no. crime when there is no law punishing the same)
