CRIMINAL JURISPRUDENCE: FUNDAMENTAL STUDY OF CRIMINAL LAW - is that branch of public law, which defines crimes, treats of
their nature, and provides for their punishment. NOTE: The Revised Penal Code (Act 3815, enacted December 8, 1930 and took effect e ffect on January 1, 1932) is the book that contains the Philippine Criminal Law. Definition of Criminal Law- It is that branch of law which defines crimes, treats of their nature and
provides for their punishment. PRINCIPAL PARTS OF THE REVISED PENAL CODE (RPC) Arts. 1-2: Preliminary Title: Date of Effectiveness
and Application of the Provisions of this Code (RPC) Arts. 3-15: Title One: Felonies and Circumstances which Affect Criminal Liability Arts. 16-20: Title Two: Persons Criminally Liable for Felonie I ncluding Criminal & Civil Liability Arts. 114-367: Felonies Defined Arts. 21-113: Provisions of Penalties Including under the Different Titles. CHARACTERISTICS OF CRIMINAL LAW -It is general in application. It is territorial in character. It must be
prospective. Mala In Se and Mala Prohibita -Mala in se literally means that the act is inherently e vil or bad or per se
wrongful. Mala prohibita are said to be crimes which become wrong only because a law punishes the same. Exceptions to Prospectivity Effect : The law may be given retroactive effect, that is, the (new) law may
apply to those persons covered under the old law, pro vided the following are present: The (new) law is favorable to the offender; The offender is not a habitual del inquent; and There is no provision in the (new) law against its retroactive application. Prospectivity - It means that acts or omissions will only be subject to a penal law if they are committed
after a penal law had already taken effect. It is subject to certain EXCEPTIONS. Exceptions to Territoriality- This is taken up in Art. 2 of the Revised Penal Code (RPC).
exercise d of a country over bodies of Composition of Territory Territorial Jurisdiction: The jurisdiction exercised land, defined in the Constitution. Fluvial Jurisdiction: The jurisdiction over maritime and interior waters. Aerial Jurisdiction: The jurisdiction over the atmosphere Territoriality- Penal laws of the country have force and effect only WITHIN its TERRITORY. It is subject to
certain exceptions by international agreements and practice. Meaning, penal laws may apply OUTSIDE of its TERRITORY. Sources of Criminal Law- Spanish Codigo Penal Revised Penal Code (Act No. 3815, enacted December 8,
1930 and took effect on January 1, 1932) Special Penal Laws (Commonwealth Acts, Republic Acts, Presidential Decrees, Executive Orders, and Batas Pambansa) Types of Crimes Felony punishable by the Revised Penal Code (RPC) Offense punishable by Special
Laws Infraction punishable by city/municipal ordinance
Application of RPC (Art. 2) The provision in Art. 2 embraces 2 scopes of application. Intraterritorial
refers to the application of the RPC within the Philippine territory. Extraterritorial application of the RPC outside Philippine territory
OTHER THEORIES OF ORIGIN OF CRIMINAL LAW That criminal law originated from private wrong or tort : That criminal law originated from the national processes of unified societies: That criminal law originated from the development of customs, usages and traditions:
That criminal law originated from conflict of interest of d ifferent social groups. Tort means any wrongdoing for which an action for damages may be brought. QUESTIONS INVOLVING THE TWO RULES : A crime was committed on board a vessel not
registered in the Philippines. The said vessel was still outside Philippine territorial waters when the crime was committed. It later entered into our country. Will the RPC apply? QUESTIONS INVOLVING THE TWO RULES :Answer: Yes, as long as the vessel is not registered
under the laws of any country. Under International Law, a vessel which is not registered in accordance with the laws of any country is considered a pirate vessel and piracy is a crime against humanity in general, such that wherever the pirates may go, they can be prosecuted. Note: If the said vessel is registered, the country where the said vessel was registered will have jurisdiction over the crime.
------------------------------------------------------------------------------------------------------------------------------CRIME DETECTION & INV:
CMT Target Criminology The first thing to do when u a rrive at a crime scene is RENDER AID TO THE INJURED if there are persons injured, otherwise, the first responder will have to CORDON the area to protect the evidence, etc. PURSUIT OF SUSPECTS and INTERVIEW OF WITNESSES are made after the first two initial courses of action. In the traffic accident problem, take note of the clue "WEATHER", what does it affect? Does it affect the condition of the DRIVER? condition of the VEHICLE? does it affect TRAFFIC SIGNS? or does it affect the condition of the ROAD? there you go. thats the answer ! Arsenic can be found in almost any parts of the re mains of a victim. It may be in the hair, nails, skin, internal organs, blood, urine, etc. CHRONIC cases of arsenic poisoning induces cardiovascular pathogenesis (it affects the heart). in ACUTE cases, vomiting and delirium are the most common symptoms associated usually with the sudden increase and build-up of toxins (the ability of the liver and the kidney to filter these toxins are retarded by lethal doses of arsenic). In crime scene investigation, basically the first to be photographed is the outermost items of interest which may be the ENTRY or the EXIT - it could be a door, a gate, a window or anything (No two crime scenes are alike, we cannot have a general formula to always photograph this or that). Then you work towards the innermost (ground zero). You cannot start from the inside and end on the outside. It is always from the outside to the inside. (This question is another indication of how stupid the board exams can be. Stupid questions are asked by stupid examiners!)...
