LMGCRIM Basic Principles and Articles 1-10 Quiz
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Questions and Answers

What is criminal law?

Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

Define crime.

Crime is an act committed or omitted in violation of a public law forbidding or commanding it, and should have a penalty (imprisonment, fine, or both).

What is a penal law?

Penal laws are those acts of the Legislature that prohibit certain acts and establish penalties for their violations, or those that define crimes, treat their nature, and provide for their punishment.

What are the constitutional limitations of criminal law?

<p>The constitutional limitations of criminal law include: (1) No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) No ex post facto law or bill of attainder shall be enacted.</p> Signup and view all the answers

What is the basis of criminal liability under the Classical Theory?

<p>The basis of criminal liability under the Classical Theory is human free will.</p> Signup and view all the answers

What are the three main characteristics of criminal law?

<p>Criminal law has three main characteristics: (1) General; (2) Territorial; and (3) Prospective.</p> Signup and view all the answers

What is the generality principle in criminal law?

<p>The generality principle in criminal law means that penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulation.</p> Signup and view all the answers

Explain the principle of territoriality in relation to Philippine penal laws.

<p>The principle of territoriality means that as a rule, penal laws of the Philippines are enforceable only within its territory.</p> Signup and view all the answers

What are the recognized exceptions to the generality principle in criminal law?

<p>The recognized exceptions to the generality principle are: (1) principles of public international law, (2) treaty stipulations, and (3) laws of preferential application.</p> Signup and view all the answers

What is the fundamental principle in applying and interpreting criminal laws?

<p>To resolve all doubts in favor of the accused.</p> Signup and view all the answers

How are penal laws to be construed?

<p>Penal laws are to be construed strictly against the State and liberally in favor of the accused.</p> Signup and view all the answers

What is the meaning of the term 'felonies'?

<p>Felonies are acts and omissions punishable by the Revised Penal Code.</p> Signup and view all the answers

What does 'mala in se' refer to?

<p>'Mala in se' refers generally to felonies defined and penalized by the Revised Penal Code.</p> Signup and view all the answers

What is the distinction between 'mala in se' and 'mala prohibita' crimes?

<p>In 'mala prohibita' crimes, the criminal acts are not inherently immoral but become punishable only because the law says they are forbidden.</p> Signup and view all the answers

Define the rule of prospectivity in penal law.

<p>A penal law cannot make an act punishable in a manner in which it was not punishable when committed.</p> Signup and view all the answers

What is an ex post facto law and what are its characteristics?

<p>An ex post facto law makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act; aggravates a crime, changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; alters the legal rules of evidence, assumes to regulate civil rights but in effect imposes penalty or deprivation of a right for something which when done was lawful; and deprives a person accused of a crime of some lawful protection to which he has become entitled such as the protection of a former conviction or acquittal, or a proclamation of amnesty.</p> Signup and view all the answers

Under what circumstances can a penal law have retroactive application?

<p>When the law is advantageous to the accused, such as when it reduces the crime or fine.</p> Signup and view all the answers

What is the exception to the general rule against retroactive application of penal laws?

<p>When the law is advantageous to the accused, such as when it reduces the crime or fine.</p> Signup and view all the answers

Explain the pro reo principle in relation to penal laws.

<p>The pro reo principle states that penal laws should be interpreted in favor of the accused when there is doubt or ambiguity.</p> Signup and view all the answers

Flashcards

What is Criminal Law?

The body of law that defines criminal offenses and prescribes penalties for their commission. It defines what acts are crimes and what punishments can be imposed for committing them.

What is a Crime?

An act or omission that is punishable by law. It's an action or inaction that is against a rule and has consequences.

What is a Penal Law?

A law that defines a crime and prescribes a penalty for its commission. It specifies what an illegal act is and what consequences it carries.

What are the Constitutional Limits of Criminal Law?

The Constitution sets limits on the government's power to define and punish crimes. It ensures fairness and reasonableness in the application of criminal laws.

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What is the Classical Theory of Criminal Liability?

It states that individuals have free will and are responsible for their choices. They are held accountable for their actions because they have the ability to choose differently.

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What are the Characteristics of Criminal Law?

It's a body of rules that prohibit certain conduct, violations of which are punishable by the state. The goal is to prevent harm to individuals and society.

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What is the Generality Principle?

This principle states that criminal laws should apply to all persons within the jurisdiction, without exception. Everyone is subject to the same laws.

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What is the Principle of Territoriality?

This principle states that penal laws apply only to acts committed within the territorial jurisdiction of the country. Crimes are usually punished in the place where they occurred.

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What are the Exceptions to the Generality Principle?

These are recognized exceptions to the generality principle and include: Diplomatic Immunity, Sovereign Immunity, Military Law, and International Law.

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What is the Fundamental Principle of Interpreting Criminal Laws?

Penal laws should be construed strictly, with any ambiguity resolved in favor of the accused. Any doubt about the law should benefit the accused.

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What are Felonies?

Felonies are serious crimes usually punishable by more than one year of imprisonment. They are considered more severe than misdemeanors.

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What are Mala in Se and Mala Prohibita Crimes?

Mala in se crimes are inherently evil acts, such as murder or theft, that are wrong by their nature, regardless of the law. Mala prohibita crimes are acts that are wrong only because they are prohibited by law, such as traffic violations.

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What is the Rule of Prospectivity?

This rule states that penal laws should only apply to acts committed after the law's effective date. Laws can't punish you for something you did before the law existed.

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What is an Ex Post Facto Law?

An ex post facto law is a law that retroactively changes the consequences of an act, making it more severe or criminalizing a previously legal act. It punishes you for something that wasn't illegal when you did it.

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What is the Retroactive Application of Penal Laws?

Penal laws generally do not have retroactive application, except in cases where the new law is more lenient. You can't be punished by a new law made after you committed the crime, unless it is more lenient.

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What is the Exception to the Rule Against Retroactive Application?

This exception allows for retroactive application of a penal law if it is more lenient than the previous law. You can benefit from a new, gentler law, even for past actions.

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What is the Pro Reo Principle?

This states that in case of doubt, penal laws should be construed in favor of the accused. If there is uncertainty about a law, the court should rule in favor of the accused.

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Study Notes

Definition of Criminal Law

  • Criminal law refers to the body of law that defines criminal offenses and prescribes penalties for their commission.

Definition of Crime

  • A crime is an act or omission that is punishable by law.

Definition of Penal Law

  • A penal law is a law that defines a crime and prescribes a penalty for its commission.

Constitutional Limitations of Criminal Law

  • The Constitution sets limits on the power of the state to define and punish crimes, ensuring that criminal laws are fair and reasonable.

Basis of Criminal Liability under the Classical Theory

  • Under the Classical Theory, criminal liability is based on the idea that individuals have free will and are responsible for their actions.

Characteristics of Criminal Law

  • The three main characteristics of criminal law are:
    • Criminal law is a body of rules that prohibit certain conduct.
    • Violations of these rules are punishable by the state.
    • The goal of criminal law is to prevent harm to individuals and society.

Generality Principle

  • The generality principle states that criminal laws should be applicable to all persons within the jurisdiction, without exception.

Principle of Territoriality

  • The principle of territoriality states that penal laws apply only to acts committed within the territorial jurisdiction of the country.

Exceptions to the Generality Principle

  • Recognized exceptions to the generality principle include:
    • Diplomatic immunity
    • Sovereign immunity
    • Military law
    • International law

Fundamental Principle in Applying and Interpreting Criminal Laws

  • The fundamental principle is that penal laws should be construed in favor of the accused.

Construction of Penal Laws

  • Penal laws should be construed strictly, with any ambiguity resolved in favor of the accused.

Definition of Felonies

  • Felonies are serious crimes punishable by more than one year of imprisonment.

Mala in Se and Mala Prohibita

  • Mala in se crimes are inherently evil acts, such as murder or theft.
  • Mala prohibita crimes are acts that are only crimes because they are prohibited by law, such as traffic violations.

Rule of Prospectivity

  • The rule of prospectivity states that penal laws should only apply to acts committed after the law's effective date.

Ex Post Facto Law

  • An ex post facto law is a law that retroactively changes the consequences of an act, making it more severe or criminalizing a previously legal act.
  • Characteristics of ex post facto laws include:
    • They are retroactive
    • They aggravate punishment for a crime
    • They criminalize a previously legal act

Retroactive Application of Penal Laws

  • Penal laws generally do not have retroactive application, except in cases where the new law is more lenient.

Exception to the General Rule Against Retroactive Application

  • The exception allows for retroactive application of a penal law if it is more lenient than the previous law.

Pro Reo Principle

  • The pro reo principle states that in case of doubt, penal laws should be construed in favor of the accused.

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Test your knowledge of the basic principles and articles 1 to 10 of the Revised Penal Code with this quiz. Questions cover concepts such as criminal law, definition of crime, and penal law.

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