LMGCRIM Basic Principles and Articles 1-10 Quiz

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

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).

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.

<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

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

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

<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

<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

<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

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

<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

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

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

<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

<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

<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

<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

<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

<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