Mala inse Vs Mala Prohibita

Question 1

As to its nature

Answer 1

MI - Wrong by its very nature

MP- Wrong because it is prohibited by law

Question 2

As to the use of good faith as a defense

Answer 2

MI- Good faith is a valid defense; unless the crime is the result of culpa

MP- Good faith is NOT a valid defense

Question 3

As to the use of intent as an element

Answer 3

MI- Intent is an element

MP- Criminal intent is immaterial

Question 4

As to the degree of accomplishment of the crime

Answer 4

MI - The degree of accomplishment of the crime is taken into account in punishing the offender

MP - The act gives rise to a crime only when consummated

Question 5

As to the presence of mitigating and aggravating circumstances

Answer 5

MI - Mitigating and aggravating circumstances are taken into
account in imposing the penalty

MP - Mitigating and aggravating circumstances are generally NOT taken into account

Question 6

As to the persons criminally liable

Answer 6

MI - Penalty is computed on the basis of whether he is a principal offender or merely an accomplice or accessory
MP - The penalty on the offenders are the same whether they are merely accomplices or accessories

Question 7

As to what laws are violated

Answer 7

MI - Violation of the Revised Penal Code (as a general rule)

MP - Violation of Special Penal Laws (as a general rule)