Criminal Law 1 Flashcards
Criminal Law
It is a branch or division of law which defines crimes, treats of their nature, and provides for their punishments.
Crime
It is an act committed or omitted in violation of a public law forbidding or commanding it.
Common Law
It is law developed by judges.
EX POST FACTO law
1) It makes criminal an act done before the passage of the law and which innocent when done, and punishes such an act
2) It aggravates a crime, or makes it greater than it was.
3) It changes the punishment and inflicts a greater punishment.
4) It alters legal rules of evidence, and authorizes conviction upon less or different testimony that the law required at the time of the commission of the offense
5) It assumes to regulate civil rights and remedies only.
6) It deprives a person accused of a crime some protection to which he has become entitled.
Bill of attainder
It is a legislative act which inflicts punishment without trial.
Criminal Law (in general characteristics)
Criminal law is binding on all persons who live or sojourn in Philippine territory.
Felonies
They are acts and omissions punishable by the Revised Penal Code
Acts
It must be understood any bodily movement tending to produce some effect in the internal world.
It has a direct connection with the felony intended to be committed.
Omission
It means inaction or the failure to perform a positive duty which one is bound to do
Imprudence
It indicates a deficiency of action.
It usually involves lack of skills.
Intentional felony
It is committed when the act is performed with deliberate intent.
Culpable felony
It is committed when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill.
The act is voluntary.
Reckless imprudence
It consists in voluntary, but without malice, doing or failing to do an act from which material damage results.
