CBM-CRIM3-IC FINAL.pptx.pdf

INTRODUCTION TO CRIMINOLOGY “FUNDAMENTAL CONCEPTS OF LAW, CRIME, and DELINQUENCY, D” MS. CINDY B. MALLORCA, RCrim., MSCJ OPENING PRAYER  OBJECTIVES At the end of this chapter, students are expected to: Explain the fundamental concepts regarding c...

INTRODUCTION TO CRIMINOLOGY “FUNDAMENTAL CONCEPTS OF LAW, CRIME, and DELINQUENCY, D” MS. CINDY B. MALLORCA, RCrim., MSCJ OPENING PRAYER  OBJECTIVES At the end of this chapter, students are expected to: Explain the fundamental concepts regarding criminal law and crime, deviance and criminal. Define crime, offense, felony, delinquency misdemeanor, juvenile delinquents and criminal. Enumerate and explain the criminological classification of crime, legal classification of crime, three types of delinquents, types of delinquent youth, four main types of juvenile delinquency and criminological classification of criminal.  FUNDAMENTAL CONCEPTS REGARDING LAW AND CRIME 1. Every society is based on the coercion of some of its members by others. 2. Law is a function of political power. It is used by the more powerful to maintain control over the less powerful. The more threatened a ruling group feels, the more rigorously tends to enforce the law 3. Laws are the codification of the ruling the class interest. Laws become legitimate because the ruling class has the power to enforce them and the ability to create the ideology by which they are made to appear justified  FUNDAMENTAL CONCEPTS REGARDING LAW AND CRIME 4. The police, the courts and the correctional systems are all Instruments utilized by the ruling class to insure adherence to their laws. 5. People who are socio-economically close to the power group tend to develop normative behavioral systems that are similar to members of the power group. The further away a person a from the power group, the more likely they will posses different normative behavioral systems, and the greater the likelihood that those different behaviors will be defined criminal. 6. Crime is not an inherent quality of any act. All behavior patterns have the potential to be defined as criminal Criminality is merely a label given to certain behaviors by the  FUNDAMENTAL CONCEPTS REGARDING LAW AND CRIME 7. The ability to confer criminal status is a privilege enjoyed by the powerful classes, to the broad detriment of the less powerful classes. "Criminal behavior is simply behavior that threatens the interests of the powerful. 8. Law and definitions of crime may be modified from time to time, but never to the extent that existing political and economic relationships are jeopardized. Changes in the law reflect changes in the needs and interests of the powerful 9. The rights and freedoms that laws confer, are granted in a very asymmetrical fashion. The rights and freedoms allegedly protected by law, are only protected for those who can afford it. In the end. legal efficacy reigns supreme, not the law. 10. Rather than being an independent arbitrator of conflict, the state is in fact the prize for which different groups compete in order to gain control. Once in control, the behaviors of the less powerful are criminalized, and the behaviors of the powerful are legitimized. DEFINITION OF CRIMINAL LAW Criminal law is that branch or division of public law which defines crimes, treats of their nature, and provides for their punishment. Sources of Philippine Criminal Law 1. The Revised Penal Code (Act No. 3815) which took effect on January 1, 1932, and its amendments; 2. Special laws defining acts and providing penalties for them passed by the legislative department or branch of the Philippine Government known variously in Philippine history as Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, Batasang Pambansa and Congress of the Philippines,  Example: Anti-Hazing Law (R.A. No. 8049) Anti-Fencing Law of 1979 (P.D. No. 1612) New Anti-Carnapping Act of 2016 (RA No. 10883) Anti-Hijacking Law (R.A. No. 6235). 3. Presidential Decrees of Pres. Ferdinand E. Marcos during his term. Example: Presidential Decree No. 2036, s. 1986 Signed on February 20, 1986 Signed on February 20, 1986: Creating the Commission on Human Rights of the Philippines and defining its powers and functions Presidential Decree No. 2028, s. 1986 Signed on February 4, 1986 Signed on February 4, 1986: Amending Sections 106 (c) and 2004 of the Tariff and Customs Code of the Philippines 4. Executive Orders of former Pres. Corazon C. Aquino during her incumbency Example: EXECUTIVE ORDER NO. 1 February 28, 1986 CREATING THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT Characteristics of Criminal Law 1. GENERAL- The law in binding to all persons who reside in the Philippines. Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief sex, or creed However, it is subject to certain exceptions brought about by international agreement. Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned. Note: Those consuls are not diplomatic officers. This includes consul-general, vice-consul or any consul in a foreign country, who are therefore, not immune to the operation or application of the penal law of the country where they are assigned. Consuls are subject to the penal laws of the country where they are assigned. It has no reference to territory. Principles of Public International Law Persons exempt from the operations of our criminal laws by virtue of the principles international law: Sovereigns and other Heads or Chiefs of state or country. Foreign diplomas, ambassadors who are duly accredited of a country. Minister's plenipotentiary Charges d'affairs Foreign troops permitted to march within a territory. It is well established principle of international law that diplomatic representatives, such as ambassadors or public ministers and their official retune, possess immunity from the criminal jurisdiction of the country of their sojourn and cannot be used, attested or punished by the law of that country. 2. TERRITORIAL- The law is binding to all crimes committed within the National Territory of the Philippines. Territoriality means that the penal laws of the country have force and effect only within its territory. It cannot penalize crimes committed outside the same. This is subject to certain exceptions brought about by international agreement and practice. The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. Terrestrial Jurisdiction- is the jurisdiction exercised over land. Fluvial Jurisdiction- is the jurisdiction exercised over maritime and interior waters.. Aerial Jurisdiction- is the jurisdiction exercised over the atmosphere. The Archipelagic Rule All bodies of water comprising the maritime zone and interior waters abounding different islands comprising the Philippine Archipelago are part of the Philippine Territory regardless of their breadth, depth, width or dimension What determines jurisdiction in a criminal case? 1. Place where the crime was committed. 2. The nature of the crime committed; and 3. The person committing the crime. In the Philippines, the revised penal code is applicable only to the areas within the Philippine territorial jurisdiction such as: Philippine Archipelago This includes the entire island that comprise the Philippines. Atmosphere Water all bodies of water that connects all the islands such as bay, rivers and streams. Maritime Zone the three (3) mile limit beyond our shore measured at low tide. Exceptions to the territorial character of the Revised Penal Code: The revised penal code shall be applicable to all cases committed outside the Philippine Territorial jurisdiction under the following circumstances - Article 2, RPC a. Commit an offenses while on a Philippine ship or airship. b Forge or counterfeit any coin or currency note of the Philippine Island or obligations and securities issued by the government of the Philippine Island; Exceptions to the territorial character of the Revised Penal Code: The revised penal code shall be applicable to all cases committed outside the Philippine Territorial jurisdiction under the following circumstances - Article 2, RPC a. Commit an offenses while on a Philippine ship or airship. b. Forge or counterfeit any coin or currency note of the Philippine Island or obligations and securities issued by the government of the Philippine Island; c. Be liable for acts connected with the introduction into the island of the obligations and securities mentioned in the preceding number, d. While being a public officer or employee, should commit an offense in the exercise of their function, e. Commit any the crimes against national security and law of nations, defined in title One of On the other hand, even in the crimes of felonies are committed within the Philippine territory, the revised penal code is not applicable under the following conditions by reason of e.1) Provision of treaty such as the Philippine United State Bases Agreement e.2) Operation of the international law under the principle of reciprocity On the other hand, even in the crimes of felonies are committed within the Philippine territory, the revised penal code is not applicable under the following conditions by reason of e.1) Provision of treaty such as the Philippine United State Bases Agreement e.2) Operation of the international law under the principle of reciprocity 3. Prospective (Prospectivity)- The law does not have any retroactive effect. Exception to Prospective Application: when new statute is favorable to the accused. No person can be punished for his act which the time he did it is not yet punishable by law. However, penal laws may be given retroactive effect when it favorable to the accused who is not habitual delinquent (Art 22, RPC)  CRIMINOLOGY IN THE PHILIPPINES In the Philippine context, the study of crimes and criminal behavior is recent. However, criminology in general may be traced back along with the development of the Philippine Criminal Code and the legal system. The pre-Spanish codes such as the CODE of KALANTIAO and the MARAGTAS CODE have little influence to the present legal system. DEFINITION OF CRIME In as much as the definition of crime is concerned, many field of study like law, sociology and psychology have their respective emphasis on what crime is Crime may be defined as Is an act or omission in violation of a criminal law (Legal Point) An anti-social act, an act that is injurious, detrimental or unacceptable acts. (Social Definition) An act, which is considered undesirable due to behavioral maladjustment of the offender, sets that are causes by maladaptive or abnormal behaviors (Psychological Perspectives) Further, crime is likewise a general term that refers to offense, felony and delinquency or misdemeanor. Offense Is an act or omission that is punishable by special laws (a special law is a statue enacted by congress, penal in character, which is not an amendment to the Revised Penal Code) such as Republic Acts, Presidential Decrees, Executive Orders, Memorandum Circulars, Ordinances and Rules and Regulations Felony Is an act or omission that is punishable by the Revised Penal Code, the criminal law in the Philippines. Delinquency/Misdemeanor Acts that are in violation of simple rules and regulations usually referring to acts committed by minor offenders Offense Is an act or omission that is punishable by special laws (a special law is a statue enacted by congress, penal in character, which is not an amendment to the Revised Penal Code) such as Republic Acts, Presidential Decrees, Executive Orders, Memorandum Circulars, Ordinances and Rules and Regulations Felony Is an act or omission that is punishable by the Revised Penal Code, the criminal law in the Philippines. Delinquency/Misdemeanor Acts that are in violation of simple rules and regulations usually referring to acts committed by minor offenders  CRIMINOLOGICAL CLASSIFICATION OF CRIME Crimes are classified in order to focus a better understanding their existence Criminologists consider the following as criminological classification of crimes. 1. Acquisitive Crime It is one which when committed, the offender acquires something as a consequence of his criminal act. 2. Extinctive Crime It is when the result of the criminal act is destruction. 3. Seasonal Crime Are those that are committed only at a certain period of the year. 4. Situational Crimes-Are committed only when situation condusive to its commission. 5. Episodic Crime-Are serial crimes, they are committed by  CRIMINOLOGICAL CLASSIFICATION OF CRIME Crimes are classified in order to focus a better understanding their existence Criminologists consider the following as criminological classification of crimes. 1. Acquisitive Crime-It is one which when committed, the offender acquires something as a consequence of his criminal act. 2. Extinctive Crime-It is when the result of the criminal act is destruction. 3. Seasonal Crime-Are those that are committed only at a certain period of the year. 4. Situational Crimes-Are committed only when situation condusive to its commission.  CRIMINOLOGICAL CLASSIFICATION OF CRIME 6. Instant Crime- Are those that are committed the shortest time possible. 7. Static Crime - Are crimes that are committed only in one place. 8. Continuing Crime - It is sometimes known as Transitory or Moving Crimes. Are crimes that are committed in several places. Where any of the elements of the offense is committed in different localities such that the accused may be charged in any place committed 9. Rational Crime-Are those committed with intent; offender was is in full possession of his mental faculties/capabilities. 10. Irrational Crime-Are committed without intent; offender does not know the nature of act.  CRIMINOLOGICAL CLASSIFICATION OF CRIME 11. White Collar Crime-Are those committed by a person of responsibility and of upper socio-economic class in the course of their occupational activities. 12. Blue Collar Crime-Are those committed by ordinary 13. Upper World Crime-Are those committed by individuals belonging to the upper class of the society. 14. Under World Crime-Are those committed by members of the lower privilege or under privilege class of society. 15. Crimes by Imitation-Are committed by merely duplication of what was done by others. 16. Crimes by Passion-Are crimes committed because of the fit of great emotions 17. Service Crime- Refers to crimes committed through rendition of a service to satisfy desire of another. “Don’t let what you cannot do interfere with what you can do.” – John Wooden