Positivist Theory on Crime and Punishment

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18 Questions

The positivist theory views crime as:

A social phenomenon beyond individual control

In the context of the text, penalties for crimes are imposed primarily for the purpose of:

Reforming the offender

Under what circumstances can the provisions of the Code be enforced outside the Philippine Archipelago?

When crimes are committed on a foreign ship or airship

Which group of individuals is specifically mentioned in the text as subject to jurisdiction outside of the Philippine Archipelago?

Public officers or employees committing offenses during their duties

The concept of 'crimes against national security and the law of nations' mentioned in the text falls under which title of the Code?

Title One of Book Two

What distinguishes the English Rule from the French Rule, as mentioned in the text?

'The English Rule stresses individual responsibility, while the French Rule stresses societal factors.'

Where should a crime committed on board of a foreign vessel be tried, according to the English rule?

Under the rule of the territory where the crime was committed

According to the French rule, where should a crime committed on a foreign vessel be tried when anchored in another country?

In the home state of the vessel

Under what conditions would a crime committed on a foreign vessel in Philippine waters not be subject to the laws of a foreign sovereign?

If it is committed by a warship under any circumstances

What rule does the Philippines follow regarding crimes committed on board of foreign vessels?

English Rule

In which case would a crime committed on a foreign vessel while anchored in another country not be tried in that country under French Rule?

If it affects territorial peace, security, and safety

According to English Rule, where should a crime committed on board a foreign vessel in Philippine waters be tried for merchant vessels registered under Philippines?

In the territory where the crime was committed

In the scenario provided, which law shall apply to a warship regardless of the territory where the act is committed?

English Rule

According to Article 14 of the Civil Code mentioned in the passage, which laws are obligatory upon all who live and sojourn in the Philippine territory?

Penal laws and those of public security and safety

When a crime is committed on board a foreign vessel within the territory of the Philippines, which rule applies according to the passage?

English Rule

Based on the scenario, in which cases do warships fall under the jurisdiction of their own courts?

In all situations regardless of the territory where the act is committed

According to the English Rule mentioned in the passage, what jurisdiction applies to a crime committed on a non-warship foreign vessel within Philippine territory?

Philippine jurisdiction

Under what circumstances do warships fall under Philippine laws according to the text provided?

When they are extensions of their respective country's territory

Explore the positivist theory's perspective on crime and punishment, which views criminal behavior as a social phenomenon that requires reformation of the perpetrator. Learn about how this theory considers crime beyond mere violations of laws and the application of penalties for rehabilitation.

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