CLJ1: Criminal Law Book 1

• Territoriality means that the law is only effective within the territorial confines of one's jurisdiction - be it land, atmosphere, interior waters and maritime zone.
• Ex post facto law - is one passed after the commission of an act making the latter criminal when it was not at the time it was executed.
• Bill of attainder - is a legislative act which inflicts punishment without trial.
• Generality - means that the law governs all persons within the territorial jurisdiction of the state irrespective of race, belief, sex or creed.
• Criminal law - is that branch of municipal law which defines crimes, treats of their nature and provides for their punishment.
• Crime - is a positive or negative act in violation of penal law.
• Crime is any act which the sovereign has deemed contrary to the public good.
• Penal law - is a law enacted to preserve the public order by defining an offense against the public and imposing a penalty for its violation.
• Irretrospectivity or prospectivity means that the law only takes effect after its effectivity date and never retrospective in its application.
• Criminal laws regulate human conduct tell people what they cannot do and, in some instances, what they must do under certain circumstances.
• Mistake of fact - It is a misapprehension of fact on the part of the person who caused injury to another.
• English rule - Crimes are triable in that country, unless they merely affect things within the vessel or they refer to the internal management thereof.
• French rule - such crimes are not triable in courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered.
• Act - any bodily movement tending to produce some effect in the external world.
• Criminal law -regulate human conduct and tell people what they cannot do and, in some instances, what they must do under certain circumstances.
• Felonies - are acts and omissions punishable by the revised penal code.
• Intent - It is the purpose to use a particular means to affect such result.
• Realistic theory - the basis of criminal liability is the sum of social and economic phenomena to which the actor was exposed, hence the penalty imposed is for preventive or corrective purposes.
• Generality in that criminal law is binding on all persons who live or sojourn in Philippine territory.
• In dubiis reus est absolvendus: when in doubt, you must await.
• Classical theory - the basis of criminal responsibility is the existence of the offender’s free will and the penalty for his criminal act is by way of retribution.
• Mala en se - It is wrongful act from their nature.
• Omission - is meant inaction, the failure to perform a positive duty which one is bound to do.
• Omission - It is a failure to perform a positive duty required by law. It is a violation of a law commanding it.
• Felony - The word does not cover a crime punished by special law.
• For a crime to exist in our law, there must be both mens rea (criminal intent or guilty minds) and actus reus (criminal or guilty act).
• They are committed not only by means of deceit – that is, when the acts performed with deliberate intent.
• Felonies - are acts and omissions punishable by law
• Culpa but also by means of fault – i.e., when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
• Special law - the term is one which is not amendatory of the provisions of the code but which defines and punishes offenses not covered by the latter
• Consummated crime when all the elements necessary for its execution and accomplishment are present.
• Intentional felonies - committed by means of deceit or malice (Ex. Murder and Estafa)
• Frustrated crime - the offender performs all the acts of execution which would produce the felony as a consequence but which nevertheless do not produce it by reason of causes independent of the will of the perpetrator.
• Culpable felonies - where the wrongful acts result from imprudence, negligence, lack of foresight or lack of skill (Ex. Homicide thru reckless imprudence or reckless imprudence resulting in homicide).
• Subjective phase - is that portion of the execution of the crime starting from the point where the offender begins up to that point where he still has control of is acts.
• Conspiracy - it exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
• Intentional felony - refer to malicious intent and that it must be proven beyond reasonable doubt.
• Objective phase - is the result of the acts of the execution, that is, the accomplishment of the crime.
• Less grave felonies - those which the law punishes with penalties which in their maximum period are correctional
• INJURIOUS RESULT: Praeter intentionem