INTRO TO CRIM REVIEWER PPT.docx

**ORIGIN OF THE WORD"CRIMINOLOGY"** **Etymologically,** the term criminology came from the Latin word "crimen\" meaning crime and Greek word **"Logos"** which means "to study\". In 1885， Rafael Garofalo, an Italian Law Professor coined the term **"criminologia\".** In 1887， **Paul Topinard,** F...

**ORIGIN OF THE WORD"CRIMINOLOGY"** **Etymologically,** the term criminology came from the Latin word "crimen\" meaning crime and Greek word **"Logos"** which means "to study\". In 1885， Rafael Garofalo, an Italian Law Professor coined the term **"criminologia\".** In 1887， **Paul Topinard,** French Anthropologist, used the term criminology in French **"criminologie\"** for the first time. **Sociology** - It is the **mother discipline of Criminology.** It is the study of human society, its origin, structure, functions and direction **CRIMINOLOGY** Refers to the scientific study of **crimes, criminals, and victims.** It also deals with **the prevention, and solution of crimes.** (R.A. 11131) Refers to the scientific study of **crimes, criminals, victims, and criminal behavior.** It also deals with the **prevention, and solution of crimes.** (IRR RA 11131) **SCOPE AND DIVISION OF THE STUDY OF CRIMINOLOGY** **[A. THE MAKING OF LAWS]** This pertains to the examination of the **nature of and structure of laws** **[B. THE BREAKING OF LAWS]** This pertains to the examination of the **reasons of crime causation** which primarily deals to **answer issues despite the presence of laws people still commit crimes.** **[C. REACTION TOWARDS THE BREAKING OF LAWS]** This pertains to the study of how people, the criminal, and the government reacts towards the breaking of laws because the **[reactions necessarily bring light to the development of modern measures]** to treat criminal offenders at the same time the reaction maybe contributory to criminality. **NATURE OF CRIMINOLOGY** Understanding crime is as complex as other fields of interest. It requires therefore a systematic and balanced knowledge in the examination of why they exist. In this sense, criminology is: **An Applied Science** - Anthropology, psychology, sociology and other natural sciences may be applied in the study of the causes of crime while chemistry, medicine, physics, mathematics, etc. maybe utilized in crime detection. **A Social Science** - In as much as **crime is a societal creation** and that it exists in a society, its study must be considered a part of social science. **Dynamic** - **Criminology changes as social condition changes.** That means the progress of criminology is concordant with the advancement of other sciences that have been applied to it. **Nationalistic** - The study of crime **must always be in relation with the existing criminal law** with in the territory. **IS CRIMINOLOGY A SCIENCE?** According to **George Wilker,** criminology cannot become a science because it has **not yet acquired universal validity.** **Edwin H. Sutherland,** the \"Dean of Modern Criminology\", **hoped that it will become a science in the future** since the causes of crimes are almost the same which may be biological, environmental or combination of the two. **OBJECT OF INTEREST INnCRIMINOLOGY** The four **major object of interest** in criminology are: - **CRIMES (CRIMINAL ACTS)** - **CRIMINALS (PERPETRATORS OF CRIME)** - **CRIMINAL BEHAVIOR** - **VICTIMOLOGY (STUDY OF VICTIMS)** All societies have cultural values-practices and beliefs that are prized by or believed to be of benefit to the group. Societies protect their values by creating **NORMS,** **which are basically rules or prescribed modes of conduct.** 1\. **FOLKWAYS** mark the distinction **between rude and polite behavior,** so they exert a form of social pressure that encourages us to **act and interact in certain ways**. However, they do not have moral significance, and there are rarely serious consequences or sanctions for violating them. 2\. **TABOO** refers to actions, behaviors, or subjects that are considered forbidden, offensive, or socially unacceptable **within a particular culture or society.** It encompasses a wide range of practices, beliefs, and rituals that are considered to be improper or beyond the bounds of what is acceptable. Derived from the **Tongan word "Tabu," meaning "forbidden" or "prohibited**," 3\. **MORES** are stricter than folkways, as they determine what is considered **moral and ethical behavior;** they structure the difference **between right and wrong**. Religious doctrines are an example of mores that govern social behavior. 4\. **LAW** is a norm that is formally inscribed at the state or federal level and is enforced by police or other government agents. **Etymology of Crime** \> Derived from Latin word **CERNO,** which meant **"I give judgement\" or "I decide\".** \> **CRIMEN** another Latin ward which means **\"to charge\" or \"cry of distress\"** \> Ancient Greek word KRIMA from which the Latin word cognate was derived define it as an **intellectual mistake, an offense against the community.** \> Middle English in the 13th century crime meant **"sinfulness\".** \> The old French on the other hand used the similar term **CRIMNE** from the Latin **CRIMEN** which may pertain to **indictment, charge accusation, fault or offense.** **CRIME** **[Crime may be defined as:]** An **[act or omission]** in violation of a criminal law in its **[legal]** point of view. An anti-social act; an act that is injurious, detrimental or **harmful to the norms of society;** they are the **unacceptable acts in its [social definition.]** **[Psychologically,]** crime is an act, which is considered **undesirable due to behavioral maladjustment** of the offender; acts that are caused by maladaptive or abnormal behaviors.  **Crime Formula** According to Abrahamsen in his book entitled, "Crime and Human Mind\"in 1945， he explained the causes of crime by this formula: C = [T+S] R **Where:** **C**-Crime (ACT) **T**-Criminal Tendency (DESIRE/INTENT) **S**-Total Situation (OPPORTUNITY) **R**- Resistance to Temptation (CONTROL) **Three views of crime** **CONSENSUS VIEW** √The law defines crime. √Agreements exist on outlawed behavior. √Laws apply to all citizens equally. **INTERACTIONIST VIEW** √Moral entrepreneurs define crimes. √Crimes are illegal because society defines them that way √Criminal labels are life-transforming events. **CONFLICT VIEW** √The law is a tool of the ruling class. √Crime is politically defined concept √\"Real Crimes\" are not outlawed √The law is used to control the underclass **CONSENSUS MODEL** - the belief that criminal law originates in the will of the majority. **CONFLICT MODEL** -. the belief that criminal law reflects the conflicts of interest of groups and that the more powerful groups define - the law. **INTERACTIONIST MODEL** - says that crime is defined by abstract meanings and symbols and is a label assigned by society. **CONSENSUS VIEW** √crimes are considered behaviors that are essentially harmful to a majority of citizens living in society and therefore have been controlled or prohibited by the existing criminal law. √crimes are behaviors believed to be repugnant (unacceptable) to all elements of society. √The substantive criminal law, which is the written code that defines crimes and their punishments, reflects the values, beliefs and opinions of society\'s mainstream. √The term consensus is used because it implies that there is **general agreement among a majority of citizens** on what behaviors should be, outlawed by the criminal law and henceforth viewed as crimes. √Individuals are socialized to accept the morals and values of society, and in so doing become a law-abiding citizen. √Individuals are socialized to accept the morals and values of society, and in so doing become a law-abiding citizen. √Provides a common perception of what is considered to be right or wrong and behaviors that contravene the law. **INTERACTIONIST VIEW** ✓ People act according to their own interpretations of reality; through which they assign meaning to things; ✓ They observe the way others react to it, either positively or negatively; and ✓ They reevaluate and interpret their own behavior according to the meaning and symbols they have learned from others. ✓ There is no objective reality. People, institutions, and events are viewed subjectively and labeled either good or evil according to the interpretation of the evaluator. ✓ The definition of crime reflects the preferences and opinions of people who hold social power (moral entrepreneurs) in a particular legal jurisdiction. ✓ Crime has no meaning unless people react to it negatively. The one-time criminal, if not caught or labeled, can simply return to a \"normal\" way of life with little permanent damage. **CONFLICT VIEW** ✓ Criminal law is created and enforced by the ruling class as a mechanism for controlling dissatisfied and disenfranchised members of society. ✓ The law is the instrument that enables the wealthy to maintain their position of power and control the behavior of those who oppose their ideas and values or who might rebel against unequal distribution of wealth. ✓ It depicts society as a collection of diverse groups - owners, workers, professionals, and students - who are in constant and continuing conflict. ✓ Groups able to assert their political power, use the law and the criminal justice system to advance their economic and social position. ✓ Criminal laws, therefore, are viewed as acts created to protect the \"haves and the have- nots.\' ✓ Harsh penalties exacted on the poor for their \"street crimes\" (burglary, robbery, and theft) and minor penalties that the wealthy receive for their white collar crimes (securities violation and other illegal business practices), which cause considerably more social harm. ✓ The poor go to prison for minor law violations, the wealthy are given lenient sentences for even the most serious breaches of law **WHEN DOES CRIME EXIST?** In the legal viewpoint, crime exists when the court has proved the guilty. In the scientific point of view, crime exists when it is reported. This is more realistic but not all reported cases are with the sound basis of true happening, some of them are also unfounded. **WHAT CONSTITUTES A CRIME?** **Corpus delicti** is a Latin term meaning body of the crime and refers to the **elements of an act that must be present in order to legally define it as a crime.** All crimes have their own specific elements, which are the essential constituent parts that define the act as criminal. **Men rea** means guilty mind and refers to whether or not the suspect **had a wrongful purpose in mind when carrying out the actus reus**. Negligence, recklessness and carelessness that results in some harmful consequences, even though not intended, do not excuse such behavior from criminal prosecution under mens rea. **Actus reus** means guilty act or criminal conduct and refers the principle that a person **must commit some forbidden act or neglect some mandatory act** before he or she can be subjected to criminal sanctions. **Concurrence** means that the act (actus reus) and the mental state (mens rea) concur in the sense that **the criminal intention actuates the criminal act.** **Causation** refers to the necessity to establish a causal link between the criminal act and the harm suffered. This causal link must be proximate, not ultimate. **Harm** refers to the **negative impact a crime has either on the victim or on the general values of the community.** Although the harm caused by the criminal act is often obvious, the harm caused by many so called victimless is often less obvious. Yet some victimless crimes can cause more social harm in the long run than many crimes with obvious victims. **EARLY EXPLANATION TO THE EXISTENCE OF CRIMINALITY** 1\. **CRIME IS CAUSED BY DEMON** Accordingly, men commit anti social acts because the demon, spirits, or some form the \"other world\" instructed or pushed them to do so. 2\. **CRIME IS CAUSED BY DIVINE WILL** Men manifest criminal behavior because they are sinful so God wants to punish them. During the ancient period criminals **[are given the right of sanctuary]** whereby they can seek refuge in the temples of God so that they will be free from prosecution and punishment. **3. CLASSICAL SCHOOL** **4. NEO-CLASSICAL SCHOOL** **5. POSITIVIST SCHOOL** **THE CLASSICAL SCHOOL OF CRIMINOLOGY** **FOUNDER:** **CESSARE BECCARIA** (Cesare Bonesara Marchese de Beccaria) **JEREMY BENTHAM** The basis of criminal liability is **[human free will]** and the purpose of penalty is **[retribution.]** That the man is essentially a moral creature with an **[absolute free will to choose good and evil,]** thereby placing more stress upon the effects or result of the felonious act that upon the criminal himself. **This school of thought is based on the assumption that individuals choose to commit crimes** **[after weighing the consequences of their action.]** Fear of punishment **[can deter]** them from committing a crime and society can control behavior by making the pain or punishment greater than the please of criminal gains. - On Crimes and Punishments (Dei delitti e delle pene) - He openly condemned the death penalty because the state does not possess the right to take lives; and because capital punishment is neither a useful nor a necessary form of punishment - developed in his treatise a number of innovative and influential principles: PUNISHMENT is 1\. Deterrent, not a retributive, function. 2\. Proportionate to the crime committed. 3\. Probability not its severity, would achieve a preventive effect. 4\. Procedures of criminal convictions should be public. 5\. Prompt. **BECCARIA BELIEVED THAT:** a\. people want to achieve pleasure and avoid pain. b\. crime provides some pleasure to the criminal. c\. to deter crime, he believed that one must administer pain in an appropriate amount to counterbalance the pleasure obtained from committing a crime. d\. Famous in sayings **[\"Let the punishment fit the crime\"]** **JEREMY BENTHAM (1748-1832)** His contribution to classical school of criminology is the **[concept of utilitarianism and the felicific calculus.]** He reasoned that in order to deter individuals from committing crimes, **[the punishment or pain must be greater than the satisfaction or pleasure]** he would gain from committing the crime **Utilitarianism** \- It is a philosophy which argues that what is right is the one that would cause the **[greatest good for the greatest number of people.]** \- Others refer to it as the greatest happiness principle or the principle of utility. \- From this principle, Bentham formulated the **\"felicific calculus\".** **Felicific Calculus** or the \"pleasure and pain principle\" - It is a theory that proposes that individuals calculate the consequences of his actions by weighing the pleasure (gain) and the pain (suffering) he would derive from doing the action. **Panopticon Prison** is a type of **[institutional building]** and a system of control designed by the English philosopher and social theorist Jeremy Bentham in the 18th century. The concept of the design is to **[allow all prisoners of an institution to be observed by a single security guard]**, without the inmates being able to tell whether they are being watched. **THE NEO-CLASSICAL SCHOOL OF CRIMINOLOGY** The neo-classical school of criminology argued that situations or circumstances that made it impossible to exercise freewill are reasons to exempt the accused from conviction. This school of thought maintains that **[while the classical doctrine is correct in general,]** it should be **MODIFIED** in certain details, that **children and lunatics** should not be regarded as criminals and free from punishment, it must **[take into account certain mitigating circumstances.]** **THE POSITIVIST/ITALIAN SCHOOL (1838 -- 1909)** **FOUNDER:** **Cesare Lombroso and his two students, Enrico Ferri and** **Rafaele Garofalo** That the man is occasionally **[subdued by strange and morbid phenomenon,]** which contains him to do wrong, inspite or contrary to his volition. It maintained that crime as any other act is a **[natural phenomenon and is comparable to disaster or calamity.]** That crime as a social and moral phenomenon which cannot be treated and checked by the imposition of punishment but rather **rehabilitation** or the enforcement of individual measures The term **\"POSITIVISM\"** refers to a method of analysis based on the **[collection of observable scientific facts.]** \- Positivists believe that causes of behavior **can be measured and observed.** \- It demands for facts and scientific proof, thus, changing the study of crimes and criminals into **[scientific approach.]** \- Positive theorists were the first to claim the importance of looking at individuals\' differences among criminals. These theorists who **[concentrated on the individual structures of persons]** stated that people are passive and controlled whose behaviors are imposed upon them by **[biological and environmental factors.]** **EZCHIA MARCO \"CESARE\" LOMBROSO/ CESARE LOMBROSO** (1836 -- 1909) He is recognized as the **\"Father of Modern and Empirical Criminology\"** due to his **[application of modern scientific methods to trace criminal behavior.]** However, most of his ideas are now discredited. Known for the concept of **atavistic stigmata** (the physical features of creatures at an earlier stage of development). He claimed that criminals are distinguishable from non-criminals due to the **[presence of atavistic stigmata]** and crimes committed by those who are born with certain **[recognizable heredity traits.]** Lombroso\'s work supported the idea that a criminal is a **[biologically and physically inferior person.]** He wrote the essay entitled \"CRIME: Its Causes and Remedies\" that contains his key ideas and the classifications of criminals. Founded **[criminal anthropology]** suggesting that physiological trait is indicative of criminal tendencies such as measurement of cheek bones, hairline and clef palate. **THE CRIMINAL MAN (1876)** - This criminal man evolved from the autopsy performed by Lombroso in which he recognized the following **[stigmata indicative of criminal tendencies]** **THE FEMALE OFFENDER (1901)** -- According to the study of Lombroso, he noted that **[most women are not criminal]**, however, they are most often occasional criminals but, some women are atavistic criminals. **CLASSIFICATIONS OF CRIMINALS BY** **LOMBROSO** 1\. **Born Criminals** - there are born criminals according to Lombroso, the belief **[that being criminal behavior is inherited.]** **ATAVISM** - The return of a trait or **[reappearance of previous behavior]** after a period of absence. **ATAVISTIC ANOMALY** - physically, their **[resemblances on the evolutionary scale]** to more primitive times where **[people were savages.]** 2\. **Insane Criminals** - are those who commit crime due to **[abnormalities or psychological disorders.]** They should be exempted from criminal liability. 3\. **Criminaloid** - a person who commits crime **[due to less physical stamina/self control.]** **Types Of Criminaloids:** **Habitual Criminals -** **Criminal by Passion** - hot headed, impulsive person, great emotions like fit of anger **Juridical Criminals** - violates the law by accident 4\. **Occasional Criminal** - are those who commit crime due to insignificant reasons **[that pushed them to do at a given occasion.]** 5\. **Pseudo-criminals** - are those **[who kill in self-defense.]** **ENRICO FERRI** (1856 -- 1929) He focused his study on the influences of **psychological factors** and **[sociological factors]** such as **ECONOMICS ON CRIMES.** He believed that criminals could **[not be held morally responsible]** because they did not choose to commit crimes but rather were driven to commit crimes by conditions of their lives. Advocated the \"**Theory of Imputability and the Denial of the Free Will**\" in 1878. **RAFFAELE GAROFALO** (1852 -- 1934) **Raffaele Garofalo** (1852-1934) - Another follower of Lombroso, an Italian nobleman, **magistrate, senator, and professor of law**. Like Lombroso and Ferri, he rejected the doctrine of free will and supported the position that the only way to understand crime **[was to study it by scientific methods.]** Influenced on Lombroso\'s theory of atavistic stigmata (man\'s inferior/ animalistic behavior), he traced the roots of criminal behavior **[not to physical features but to their psychological equivalents,]** which he called **\"MORAL ANOMALIES\".** **CLASSIFICATION OF CRIMES** **LEGAL CLASSIFICATIONS:** **1. According to law violated** **[FELONY]** - The term felony is limited only to violations of the **Revised Penal Code.** When the crime is punishable under a special law you do not refer to this as a felony. **[OFFENSE]** - A crime punished under a special law is **called a statutory offense.** **[MISDEMEANOR]** - A minor infraction of the law, such as a **violation of an ordinance.** **[CRIME]** - Whether the wrongdoing is punished under the Revised Penal Code or under a special law, the **generic word \"crime\" can be used.** **3. According to the stages in the commission:** 1\. **Formal Crimes** Formal crimes are crimes, which are **consummated in one instance (Adultery)** 2\. **Material Felonies** Those that have various stages of execution (Homicide) 3\. **Crimes which have NO FRUSTRATED STAGE** The essence of the crime is the act itself; (Rape) **[A. CONSUMMATED FELONY]** \- When all the elements necessary for its execution are present. \- The **felony is produced** **[B. FRUSTRATED FELONY]** \- When the offender performs all the acts of execution; \- All the acts performed would produce the felony as a consequence; \- The felony is not produced; \- By reason of **causes independent of the will of the perpetrator.** **[C. ATTEMPTED FELONY]** \- When the offender commences the commission of a felony directly by overt acts; \- He **does not perform all the acts of execution** which should produce the felony; \- By reason of some cause or accident **other than his own spontaneous desistance;** **4. ACCORDING TO THEIR GRAVITY** **[Grave felonies]** or those to which attaches the capital punishment or penalties which in any of their periods are afflictive; **Afflictive penalties include:** Reclusion Perpetua, Reclusion Temporal, Perpetual or Temporary Absolute Disqualification, Perpetual or Temporary Special Disqualification, and Prision Mayor **[Less grave felonies]** or those to which the law punishes with penalties which in their maximum period is correctional; **Correctional penalties include:** Prision Correccional, Arresto Mayor, Suspension, and Destierro **Light felonies** or those infractions of law for the commission of which the penalty is arresto menor. **Light penalties**: Those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos (40,000 pesos), or both is provided. Art. 9, par. 3, RPC **5. AS TO COUNT** **PLURALITY OF CRIMES** Consists in the **successive execution** by the same individual of different criminal acts upon any of which no conviction has yet been declared. **COMPLEX CRIMES:** 1\. COMPOUND CRIME - When a single act results in two or more grave or less grave felonies 2\. COMPLEX CRIME PROPER - When an offense is a necessary means for committing the other. **Special Complex/Composite Crimes** The substance is made up of more than one crime but which **in the eyes of the law is only a single indivisible offense**. All those acts done in pursuance of the crime agreed upon are acts which **constitute a single crime.** Special Complex Crimes Robbery with Homicide (Art. 294 (1)) Robbery with Rape (Art. 294 (2)) Kidnapping with serious physical injuries (Art. 267 (3)) Rape with Homicide (Art. 335) **CONTINUED CRIME** A continuous, unlawful act or series of acts set on foot by a **single impulse and operated by an unintermittent force**, however long a time it may occupy. **EXAMPLE:** Juan steals 2 books belonging to 2 different persons. He commits only one crime because there is unity of thought in the criminal purpose of the offender **CONTINUING CRIME** The term used in criminal procedure to denote that a certain crime may be prosecuted and tried not only before the court of the place where it was originally committed or began, **[but also before the court of the place where the crime was continued.]** The term is used in criminal procedure when any of the material ingredients of the crime was committed in different places. **6. According to the nature of the act:** **[Mala in se]** An act, by its very nature, is **inherently and morally wrong;** it should be done with criminal intent. **[Malum prohibitum]** An **act is wrong only because there is a law punishing it.** It is enough that the prohibited act was voluntarily committed and need not be committed with malice or criminal intent to be punishable. **CRIMINOLOGICAL CLASSIFICATION OF CRIME** CRIMES ARE CLASSIFIED IN ORDER TO FOCUS A BETTER UNDERSTANDING ON THEIR EXISTENCE. CRIMINOLOGISTSNCONSIDER THE FOLLOWING AS CRIMINOLOGICAL CLASSIFICATION OF CRIMES **ACCORDING TO EFFECTS OF CRIME** **Acquisitive Crime** - is one which when committed, the offender **acquires something** as a consequence of his criminal act. **Extinctive Crime** - when the result of criminal act is **destruction.** **ACCORDING TO EVENTS OR SEASON** **Seasonal Crimes**- are those that are committed only at **certain period of the year** **Situational Crimes**- are those that are committed only when **given a situation conducive to its commission.** **ACCORDING TO LENGTH OF TIME** **Episodic Crimes**- are serial crimes; they are committed **by series of act within a lengthy space of time.** **Instant Crimes**- are those that are committed the **shortest possible time.** **ACCORDING PLACE OF EXECUTION** **Static Crimes**- are crimes that are **committed only in one place.** **Continuing Crimes** - that are **committed in several places.** **ACCORDING TO DEGREE OF SANITY** **OFFENDER** **Rational crimes**- are those committed **with intent;** offender is in **full possession of his mental faculties** \[capabilities while; **Irrational crimes**- are committed **without intent**; offender **does not know the nature of his act.** **ACCORDING TO SOCIAL CLASS** **Upper World Crimes**- are those committed by individuals belonging to the **upper class of society.** **Under World Crimes**- are committed by members of the lower or **under privilege class of society.** **ACCORDING TO PROFESSION** **White Collar Crimes-** are those committed by a person of responsibility and **of upper socio-economic class** in the course of their occupational activities. **Blue Collar Crimes**- are those committed by **ordinary professionals to maintain their livelihood.** **Forms of White Collar Crimes** **Corporate crimes** - the violation of a criminal statute either by a **corporate entity or by its executives, employees or agents**, acting on behalf of and for the **benefit of the corporation,** partnership or other business entity. **Environmental crimes** - violation of criminal law which, although typically committed by businesses or by business officials, may also be committed by other persons or organizational entities, and which **damage some protected or otherwise significant aspect of the natural environment.** **Occupational crimes** - any act punishable by law; which is committed **through opportunity created in the course of an occupation that is legal**. **Organizational Occupational Crime** - crimes committed for the **benefit of the entire organization** in such instances only the organization or the employer, not individual employees. **State Authority Occupational Crime** - crimes by officials through the **exercise of their state-based authority.** Such crime is occupation specific, and can only be committed by person in public office or by working for such persons. **Professional Occupational Crime** - crimes by professionals in their **capacity as professionals**. The crimes of physicians, attorneys, psychologists, and the like are included here. **Individual Occupational Crime** -**crimes by individuals** as individuals e which include income tax evasion, theft of goods and services by employees, the filing of false expense report, and the like. **ACCORDING TO EXTERNAL** **FACTORS** **Crimes by Imitation**- are crimes committed by merely **duplication of what was done by others.** **Crimes by Passion**- are crimes committed because of the **fit of great emotions.** **Service Crimes Service Crime**- refers committed through rendition of a **service to satisfy desire of another.** **CRIMES OF THE MODERN WORLD** **Transnational crime** Is an offense that has an **international dimension and implies crossing at least one national border** before, during or after the fact. This include but not limited to illegal drug trafficking, money laundering, terrorism, arm smuggling, piracy, kidnapping, trafficking in persons, and cyber crimes. Most of these crimes falling under this category reflect connection with organized and white-collar criminals. **ORGANIZED CRIMES** An organized Crime is a criminal activity by an enduring structure or organization developed **[and devoted primarily to the pursuit of profits throuqh illeqal means.]** **THE CONVENTIONAL CRIMES** Conventional crimes are those **traditional, illegal behaviors that most people think of as crime.** Conventional crimes are groups of crimes categorized as **violent crimes (index crimes) and property crimes.** **Violent Crimes** - Violent crimes are criminal acts, which in the threat of or **actual physical harm** by an offender to a victim. Violent acts are in the forms of: **Interpersonal Violence** \- Forcible Rape. Violence, Robbery, Murder, Serious Assault, Family Violence, Robbery **Political Violence** -Terrorism **Collective Violence** - Riots, Mobs, Crowds, Urban Violence **Property Crimes** - are **crimes of economic interest.** It includes those crimes that would most commonly be categorized as theft in ordinary language **Occasional Property Crimes** - Shoplifting, Vandalism, Motor vehicle theft, Check Forgery **Conventional Property Crimes** - Burglary/unlawful entry -to commit theft, Fence , Larceny/Theft **Violent Crimes (Index Crimes)** **Murder** --- is the unlawful killing of human being with malice and with the \"act of violence\". **Serial Murder** --- an act involving killing of several victims **in three or more separate incidents** over a week, a month or year. **Mass Murder** --- it is the killing of four or more victims at **one location with one event.** **Spree Murder**--- the killing of in **two or more locations with almost no time break between murders**. **TYPES OF SERIAL KILLERS** These types are based on their motivations for carrying out their crimes. - **Visionary** \> Believes that a person or entity is commanding him to kill. Most likely suffering from psychosis. - **Mission-oriented** \> Kills in order to \"rid\" society of a certain group. - **Hedonistic** \>Commits his acts for his own personal pleasure. For example, rape, torture or money. (Lust, Thrill and Com rt) - **Power/control** \>Fantasizes about having power and seeks to dominate and control I his victims. **Types of serial killers** (jack liven & james allan fox) - **Thrill killers** \> These killers strive for either sexual sadism or dominance. This is the most common form of serial murderer - **Mission killers** \> These killers want to reform the world or have a mission that derives them to kill - **Expedience killers** \> Killers who kill out for profit or want to protect themselves from a perceived threat **Types of mass murderers** (by jack liven & james allan fox) - **Revenge killers** \> These killers seek to get even with individuals or society at large - **Love killers** \>Motivated by warped sense of devotion. They are often despondent people who commit suicide and take others, such as a wife and children with them - **Profit killers** \>Usually trying to cover-up a crime, eliminate witnesses, and carry out a criminal conspiracy. - **Terrorist killers** \>Killers who are trying to send message. Gang killings tell rivals to watch out\' cult killers may actually leave message behind to warn society about impending doom. **Classification of Rape** **ANGER RAPE** - sexual attack becomes a means of **expressing anger** or rage and involves more physical assault upon the victim. **POWER RAPE** - assailant primarily wishes to **express his domination** over the victim. **SADISTIC RAPE** - perpetrator combines the **sexuality and aggression aims in psychic desires** to often torture or otherwise abuse the victim. **ACQUAINTANCE RAPE** - forcible sex in which offender and the victim are **acquainted with one another.** **AGGRAVATED RAPE** - rape involving **multiple offenders, weapons and victim injuries.** **DATE RAPE** - forcible sex during the **courting relationship.** **SERIAL RAPE** - multiple rapes committed by **one person over time.** **STATUTORY RAPE** - sexual relations between an **underage minor** female and an adult male. **CATEGORIES OF RAPIST** **According to Personality types** **1. Power- Reassurance Rapist** psychologically doubts his masculinity and seeks to dispel this doubt by exercising power and control over women. **2. Power-Assertive Rapist** asserts their masculinity and dominance over victims. In contrast to the Power-Reassurance rapist, this type of rapist does not doubt his masculinity, but uses rape as a form of symbolic power over women. **3. Anger- Retaliatory Rapist** uses extreme anger to retaliate, psychologically, for real or imagined past wrongs associated with women. The anger- retaliatory rapist\'s modus operandi is characterized by a highly violent attack and his motivation to punish or degrade the victim. **4. Sadistic Rapist** displays the greatest amount of hostility towards his victim. Sadistic rapist purposely inflicts pain beyond that necessary to subdue the victims. **5. Opportunistic Rapist** is generally one who, in association with the commission of an initial offense, commits rape as a secondary offense. **According to behavior and intent** a\) **Naïve Graspers** - Sexually inexperienced youths who **possess an unrealistic conception of female erotic arousal.** Awkward in relating to the opposite sex, they **hold high expectations** that their cute advances will be met with affection by their victims. b\) **Meaning Stretchers** - An offender **misinterprets woman\'s expressions of friendliness** and affection as indicating that the female desire continues even when she says no. c**) Sex Looters** - Persons who have a **low desire for affection** or low respect for the victim\'s autonomy and **callously use woman as sex object.** d\) **Group Conformers** - Rapist **participates in a group rape or gang bang;** often following the leader. A sex looter felt a sense of conformity and notion demonstrating their masculinity Another category of sexual offenders is the **[VIOLENT SEXUAL PREDATORS]** who prey on children. They focus on child molesting, which primarily involves the sexual abuse of children or minors who are past puberty. A child is defined in most states as one who has not yet reached puberty, or age 12 or 14, depending on the state. They are called **[PEDOPHILIACS OR CHILD MOLESTERS]** **[SIX TYPES OF CHILD MOLESTERS:]** 1\. **HIGH-INTERACTION MOLESTERS,** who have **known the children for some time** and usually perform or have performed genital fondling 2\. **INCESTUOUS MOLESTERS,** who take advantage of a child **living in the same household** 3\. **ASOCIAL MOLESTERS,** who are **involved in illegal careers** 4\. **SENILE MOLESTERS,** who are **older,** poorly educated offenders 5\. **CAREER MOLESTERS**, who have **persistent offense patterns** involving child molestation 6\. **SPONTANEOUS-AGGRESSIVE MOLESTERS,** who have had little previous contact with their victims and tend to commit their offenses in a **physically forceful and unplanned way**  **THE CRIMINAL** On the basis of the definition of crime, a criminal may be defined in three ways: **Legal Definition:** A person who committed a crime and has been convicted by a court of the violation of a criminal law. **Social Definition:** A person who violated a social norm or one who did an anti-social act **Psychological Definition:** A person who violated rules of conduct due to behavioral maladjustment. **Criminological Sense** A person who committed a crime regardless whether reported or referred. **Legal Sense** A person who was found guilty beyond reasonable doubt. **In criminal justice sense** A criminal may be defined as one who has undergone the process and went through all the pillars of the Criminal Justice System. **Criminological Classification of Criminals** **Based on Etiology** **Acute Criminal** is one who violates a criminal law because of the impulse or fit of passion. They commit passionate crimes. **Chronic Criminal** is one who commits crime acted in consonance of deliberated thinking. He plans the crime ahead of time. They are the targeted offenders. 1\. **Neurotic criminal** - is one who has mental disorder. 2\. **Normal criminal** - a person who commits crimes because he looks up to and idolizes people who are criminals. Their psychic conditions resembles that of a normal individual except that they identify except that themselves with criminal prototypes **Based on Behavioral System** **Ordinary Criminal** is considered **the lowest form of criminal in a criminal career.** He doesn\'t stick to crime as a profession but rather pushed to **commit crimes due to great opportunity.** criminal who engages in crimes which **do not require specialized or technical skill.** **Organized Criminal** is one who associates himself with other criminals **to earn a high degree of organization to enable them to commit crimes easily without being detected by authorities.** They commit organized crimes. Is one **who possesses some skills** and know-how which enable him to commit crimes. Force violence intimidation and bribery are use to gain and maintain control over economic activities. **Professional Criminal** is a person who is engaged in criminal activities with high degree of skill. He is usually one who practices **crime as a profession to maintain a living.** **Based on Activities** **Professional Criminals** are those who practice crime as a **profession for a living. Criminal activity is constant** in order to earn skill and develop ability in their commission. **Accidental Criminals** are those who commit crimes when the **situation is conducive to its commission.** Those who commit criminal acts as a result of **unanticipated circumstances.** **Habitual Criminals** are those who continue to commit crime because of **deficiency of intelligence and lack of self-control.** **Situational criminal** - a person who got involved in criminal act because the **situation presented itself.** **Based on Mental Attitudes** **Active Criminals** are those who commit crimes due to **aggressiveness.** Such attitude is clearly shown in crimes of **passion, revenge and resentments.** **Passive Inadequate Criminals** are those who commit crimes because they **are pushed to it by reward or promise** without considering its consequences. They are called \"ulukan\" **Socialized Delinquents** are criminals who are **normal in behavior but defective in their socialization process or development**. To this group belongs the educated respectable members of society who may turn criminals on account of the situation they are involved. **Conklin\'s Typology of Robbers** 1\. **Opportunistic Robber:** These robbers **act impulsively and lack planning.** They seize immediate **opportunities** without significant premeditation. Opportunistic robbers often target vulnerable individuals, such as pedestrians late at night or unattended vehicles. Their crimes are often **spontaneous, driven by urgent needs, desperation, or substance abuse.** 2\. **Premeditated Robber:** Unlike opportunistic robbers, premeditated robbers meticulously **plan their criminal activities**. They carefully select targets, conduct extensive surveillance, and consider escape routes. Their motivation is financial gain, **aiming to maximize profits while minimizing risks**. They often target businesses, banks, or high-profile individuals 3\. **Coercive Robber:** Coercive robbers **employ threats, intimidation, or violence** to achieve their objectives. This type of robbery often involves the use of firearms, knives, or other weapons to instill fear in victims. They may target both individuals and establishments, **demanding immediate compliance through force or the threat of harm.** 4\. **Professional Robber:** These **highly skilled individuals** engage in criminal activities **as a career.** They possess in-depth knowledge of security systems, law enforcement tactics, and criminal law. Professional robbers **often collaborate with organized crime networks,** executing elaborate heists on banks, armored vehicles, or high-value asset 1\. **PROFESSIONAL ROBBERS** have a long-term commitment to crime, their major source of livelihood. They are very rational about crime and plan their operations carefully. 2\. **OPPORTUNIST ROBBERS** are the most common type of bandit. Having little commitment to, or specialization in, robbery, they are all-purpose property offenders. Their engagement in robbery is infrequent and relatively unplanned. Often young and from lower- class, minority backgrounds, uch offenders usually operate in groups. 3\. **ADDICT ROBBERS** are addicted to substances such as heroin or other drugs and commit robbery to support their expensive habits. Most drug abusers are interested in safe and quick criminal gain and are less likely to be involved in robbery than in burglary and sneak thievery. 4\. **ALCOHOLIC ROBBERS** have little commitment to robbery; they engage in unplanned robberies on occasion to support their habit. Many claim to have been intoxicated at the time of their offense. **[MUGGING,]** an American slang term for robbery, may refer to everything **from purse snatching to brutalization or murder of the victims.** Working in groups, muggers may start by carefully surveying the scene and the mark (victim). The actual techniques employed vary from the \"yoke,\" a method of grabbing the victim from behind around the neck, to the use of knives or guns to scare the victim. Young black offenders are more likely to commit purse snatches and street robberies, netting small amounts, whereas adult white offenders are more likely to participate in commercial robberies. **CRIMINAL BEHAVIOR / CRIMINAL ETIOLOGY** **WHY MUST MEMBERS OF SOCIETY INTERESTED IN CRIME?** ➤ **CRIME IS PERVASIVE** - nearly all participants of a free society are once upon a time a victim of an offender of a criminal act. Criminal as an associate of society **[affects almost all people]** regardless of age, sex, race, nationality, religion, financial condition, education and other personal circumstances. ➤ **CRIME IS EXPENSIVE** - the government and private sector use an **[enormous amount of currency for crime detection, prosecution correction and prevention.]** Those expenses are either: **DIRECT EXPENSE** - those spent by government or private sector for the maintenance or the police and security guards for crime detection, prosecution and judiciary, support of prison system **INDIRECT EXPENSE** - those expense utilized to prevent the commission of crimes like the construction of window grills, fences, gate, purchase of door locks, safety vaults, hiring of watchmen etc. ➤**CRIME IS DESTRUCTIVE** - **[many lives have been vanished]** because of crimes like murder, homicide and other violent deaths. Properties have been lost or devastated on account of robbery, theft and arson. ➤ **CRIME IS REFLECTIVE** - crime rate or incidence in a given locality is **[reflecting of the efficiency of the social defenses]** employed by the people primarily that of the police system. ➤ **CRIME IS PROGRESSIVE** - the progressive upsurge in the volume of crime is **[on account of the ever-increasing population.]** The ever-increasing crime rate and their technique show the progress thinking of the society for advancement. **LAW** - **lt is rule of conduct** ➤laws serve as **guides of an individual in relation to his fellowmen** and to his community - **lt is just** \>it means that the law **must be fair; treats every person the** same and based on the values and ethics held by the majority of society - **lt is obligatory** \>it means that the law **must be enforced,** if not the purpose of its creation will not be served - **lt is prescribed by legitimate authority** ➤it means that the law was **made by persons who are given the power to make it.** - **lt is ordained for the common benefit** ➤laws should be **made for the protection, common good and benefit** of the people. \"SALUS POPULI EST SUPREMA LEX\" - **PROREO DOCTRINE** \"The doctrine of pro reo advocates that penal laws and laws penal in nature are construed and applied in a way lenient or liberal/in favor to the offender, consonant to and consistent with the constitutional guarantee that an accused shall be presumed innocent until his guilt is established beyond reasonable doubt **CRIMINAL LAW** A **branch of municipal law** which defines **crimes,** treats of **their nature and provides for their punishment.** **SOURCES OF CRIMINAL LAW** 1\. The Revised Penal Code (Act No. 3815) and its amendments 2\. Special penal laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa. 3\. Penal Presidential Decrees issued during Martial Law. **THE POWER TO DEFINE AND PUNISH CRIME** By virtue of its **police power**, the **STATE** has the authority to define and punish crimes. The concept of the police power is well-established in this jurisdiction. The same has been defined as \"state authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare.\" As defined, it consist of (1) an imposition of restraint upon liberty or property, (2) in order to foster the common good. **THEORIES OF CRIMINAL LAW:** **a. Utilitarian theory or protective theory** The primary purpose: **Protection** of society from actual or potential wrongdoers **b. Classical or juristic philosophy** Best remembered by the maxim \"An eye for an eye, a tooth for a tooth.\" (Oculo pro oculo, dente pro dente) **c. Positivist or realistic philosophy** The primary purpose: Reformation. There is great respect for the human element because the offender is regarded as socially sick who needs treatment, not punishment. **d. Eclectic or mixed philosophy** This **[combines]** both positivist and classical thinking. Crimes that are economic and social by nature should be dealt with in a positivist manner; thus, the law is more compassionate. Heinous crimes should be dealt with in a classical manner; thus, capital punishment. **The Revised Penal Code today follows the mixed or eclectic philosophy.** **REPUBLIC ACT NO. 11131** **REPUBLIC ACT No. 11131** - AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS **\"AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS IN THE PHILIPPINES\"** This Act shall be known as **\"The Philippine Criminology Profession Act of 2018\".** ➤Criminology refers to the scientific study of crimes, criminals, and victims and criminal behavior. It also deals with the prevention, and solution of crimes. **(sec. 4 IRR)** - **Registered criminologist** refers to a natural person who holds a **valid certificate** of registration and an updated professional **identification card** as criminologist issued by the Board and the Commission pursuant to this Act. A total 192 lawmakers voted to approve House Bill (HB) 7191 or the \"Philippine Criminology Profession Act\" authored by **Reps. Gary Alejano** and **Maximo Rodriguez, Jr.** **IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11131, OTHERWISE KNOWN AS \"AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, [REPEALING] FOR THE PURPOSE REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS IN THE PHILIPPINES\"** **RULE I** **TITLE, STATEMENT OF POLICY, OBJECTIVES,** **DEFINITION OF TERMS AND SCOPE OF PRACTICE** **SECTION 1. Title.** This Resolution shall be known as the Implementing Rules and Regulations (IRR) of Republic Act No. 11131 entitled **\"The Philippine Criminology Profession Act of 2018\".** **SECTION 2. Statement of Policy**. - The State recognizes the importance of criminology profession in national security, public safety, peace and order, and in nation-building and development. Hence, it shall develop and nurture competent, virtuous, productive and well-rounded criminologists whose standards of professional practice and service shall be excellent, qualitative, world-class and globally competitive through sacred, honest, effective and credible licensure examinations, coupled with programs and activities that would promote professional growth and development. This IRR of RA No. 11131 shall be interpreted, construed and carried out in the light of the Statement of Policy enshrined in Section 2, Article I of RA No. 11131. **SECTION 3. Objectives.** --- This Act shall govern: \(a) The **examination, registration and licensure** for criminologists; \(b) The **supervision, control and regulation** of the practice of criminology; \(c) The participation in the **standardization** of the criminology education program; \(d) The development of the professional competence of criminologists through **Continuing Professional Development (CPD**); and e\) The **integration of all criminology professional groups** and **membership of all registered criminologists** to the accredited professional organization. **SECTION 4. Definition of Terms**. --- As used in this IRR, the following terms shall be defined as follows: \(a) AIPO refers to the **one and only recognized and accredited integrated national organization of criminologists,** as endorsed by the Professional Regulatory Board subject to the approval of the Professional Regulation Commission (PRC). For purposes of implementing RA No. 11131, AIPO shall be referred to as the Accredited Integrated Professional Organization (AIPO) for the criminology profession; \(b) Board refers to the Professional Regulatory Board of Criminology created hereunder; \(c) Certificate of Registration refers to the document issued by the Commission, through the Board, **signifying that the person named therein is entitled to practice the criminology profession** with all the privileges appurtenant thereto; \(d) CHED refers to the Commission on Higher Education (CHED) created under RA No. 7722, otherwise known as \"Higher Education Act of 1994\"; \(e) Code of Ethics refers to the set of moral and ethical principles that all registered Criminologists must abide by as they practice the profession. \(f) Code of Good Governance for the Practice of Criminology refers to the formal outlines of the mission, vision, and ideals of Filipino criminologists. It also governs the criminologists\' conduct towards the state, the public, the profession and fellow professionals. \(g) Commission refers to Professional Regulation Commission created under Republic Act No. 8981, otherwise known as the \"PRC Modernization Act of 2000\"; \(h) Continuing Professional Development (CPD) refers to the **attainment of advanced knowledge,** skills and ethical values in a post-licensure specialization or in an inter-or multidisciplinary field of study, for assimilation into professional practice, self- directed research and/or lifelong learning. **(i) Criminology refers to the scientific study of crimes, criminals, victims and criminal behavior. It also deals with the prevention, and solution of crimes;** \(j) Foreign Reciprocity refers to Sections 14 (a) and 29 of this IRR which provide that only nationals of foreign countries in which the **requirements for the licensure examination** and/or registration and practice of criminology are **substantially the same as those required and contemplated by the Philippine laws and regulations,** and which **laws and regulations allow Philippine citizens to practice criminology within the territory of such foreign countries** on the same basis and **grant the same privileges as those enjoyed by their citizens, subjects or nationals** **shall be allowed to take the Philippine Criminologists licensure examination and be given CORS and PICs pursuant to R. A. No. 11131;** \(k) Law Enforcement refers to the component of internal or homeland security of the **Philippines charged with the mandate to enforce, investigate, and participate as important agents in the prosecution of violations of criminal local laws,** including international laws duly adopted as part of the law of the land under the Constitution. \(I) National Security refers to the dynamics and interplay of the political, economic, socio-cultural, techno-scientific, environmental, and military to **attain and maintain a condition where the sovereignty of the nation,** the territorial integrity of the state, the government and its instrumentalities, and the welfare of the people are secured, advanced, nurtured, and protected. \(m) Profession refers to the art and science in the practice of **criminology discipline;** \(n) Professional Identification Card refers to the document **bearing the registration number,** dates of issuance and expiry, duly signed by the Commission Chairperson; \(0) Professional or Component Subjects on Criminology refer to the **component subjects per area** as provided under Section 15 of this IRR and subject to the conditions as may be provided therefor or by the Board. \(p) Public Safety refers to the protection of the homeland which **includes law enforcement and policing, criminal justice system, protection and safeguard of lives and properties,** customs and immigration, maritime sea and border protection, health, environment and ecosystem, public safety and civil defense. \(q) Quasi-police Functions refers to activities of law enforcement agencies and its agents **which does not directly involve enforcement or investigation of violations of criminal laws.** This is also referred to as order maintenance or community services. \(r) Registered criminologist refers to a natural person who **holds a valid Certificate Certificate of Registration (COR) and an updated Professional Identification Card (PIC)** as criminologist issued by the Board and the Commission pursuant to RA No. 11131. \(s) Report of Rating refers to the document **stating the rating** obtained by the examinee in the licensure examination; \(t) Tables of Specification (TOS) refers to the **list of outcomes-based competencies** which the licensure examination measures and assesses; and \(u) Temporary/Special Permit refers to **privilege granted to registered Criminologists from other countries** and for Filipinos in allied discipline as mentioned in Section 30 of this IRR to be able to practice in the Philippines; **SECTION 5. Scope of Practice.** --- The practice of criminology shall include, but shall not be limited to, acts or activities performed: \(a) In line with the practice of profession or occupation as a law enforcement administrator, executive, adviser, consultant, officer, investigator, agent or employee in any private or government agencies performing law enforcement and quasi- police functions at the Philippine National Police (PNP), the National Bureau of Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA), the Bureau of Fire Protection (BFP), the Bureau of Jail Management and Penology (BJMP), the Provincial Jail, the Bureau of Corrections (BUCOR), the Probation and Parole Administration (PPA), the Bureau of Internal Revenue (BIR), the Bureau of Customs (BOC), the Bangko Sentral ng Pilipinas (BSP), other government and private banks, the Philippine Postal Corporation (PPC), the Sea and Air Marshalls, the VIP Security, Airport and Seaport Police, the National Intelligence Coordinating Agency (NICA), the Intelligence Service of the Armed Forces of the Philippines (ISAFP), and agencies of the government exercising similarly related functions in the field of national security, public safety, and peace and order; \(b) In line with the practice of teaching profession such as those performed by a professor, instructor or teacher in any university, college or school duly recognized by the government on any of the following professional and component subjects of the criminology program: \(1) Criminal Jurisprudence and Procedure; \(2) Criminalistics; \(3) Law Enforcement Administration; \(4) Crime Detection and Investigation; \(5) Correctional Administration; and \(6) Criminal Sociology and Ethics, and other technical and specialized subjects in the criminology curriculum provided by the CHED; \(c) As **a technician,** examiner/criminalist, or specialist in dactyloscopy, questioned document, deoxyribonucleic acid (DNA), lie detection, firearms identification, forensic photography, forensic chemistry, other scientific crime detection and investigation or forensic science; \(d) As a **correctional administrator,** executive, supervisor, or officer in any rehabilitation, correctional, and penal institution or facility, and in any community based corrections, and rehabilitation agencies and/or programs; \(e) As a **counselor, consultant, adviser or researcher in any government or private agency** on any aspect of criminological research or project involving the causes of crime, children in conflict with the law, treatment and correction of persons deprived of liberty (PDL), police operation, law enforcement administration, scientific criminal investigation or public safety and national security administration; and \(f) As **a private investigator, administrator, consultant or agent, or detective** in any private security and investigation agency organized under the laws of the Philippines. **RULE II** **PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGIST** **SECTION 6. Creation and Composition of the Professional Regulatory Board for Criminologists.** There is hereby created a Professional Regulatory Board for Criminologists, a collegial body under the administrative supervision and control of the Commission, **to be composed of a chairperson and four (4) members appointed by the President of the Philippines** from a list of three **(3) recommendees for each position,** chosen and ranked by the Commission from a list of three (3) nominees for every position endorsed by the AIPO. The new Board shall be organized not later than six (6) months from the x (6) months effectivity of RA No. 11131. **PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGISTS** \- a collegial body under the administrative supervision and control of the Commission (PRC) \> Section 6. **Creation, and Composition of the Professional Regulatory Board for Criminologists.** - **CHAIRMAN/CHAIRPERSON** - ATTY. RAMIL G. GABAO - **four (4) members** 1\. GEORGE O. FERNANDEZ 2\. WARREN M. CORPUZ 3\. LANI T. PALMONES 4\. (VACANT) ✓ 3 to 6 years term of office ✓ appointed by the **President of the Philippines from a list of three (3) recommendees** for each position, chosen and ranked by the Commission from a list of **three (3) nominees** for every position endorsed by the **AIPO (accredited international professional organization)** **SECTION 7. Qualification of the Chairperson and Members of the Board.** The chairperson and each member shall, at the time of their appointment, possess all these qualifications: \(a) Must be a **natural-born Filipino citizen and a resident of the Philippines;** \(b) Must be of good moral character, good reputation and of sound mind and body; \(c) Not convicted by a court of competent jurisdiction of any offense involving moral turpitude; \(d) **Must be a graduate of Bachelor of Science in Criminology,** and a holder of a **Post Graduate Degree in Criminology** from any reputable school recognized by the CHED **or a criminologist-lawyer** in good standing before the Supreme Court and the Integrated Bar of the Philippines (IBP); e\) Must be a registered criminologist with a valid certificate of registration and a valid professional identification card, **having at least ten (10) years of practice in the profession** prior to the appointment including **no less than two (2) years teaching experience of criminology or law subjects** in full-time or part- time capacity in any college of criminology, college of law or law enforcement training institutions recognized by relevant government agency; f\) Must be a member in **good standing of the AIPO** but not an officer or trustee thereof; and g\) **Must not be a member of the faculty of any school, college or university where a regular class or review course in criminology** is offered, **nor a member of the staff of reviewers in a review school or center for criminologists,** and must not have any direct or indirect pecuniary interest in any such institution. **SECTION 8. Term of Office.** --- The chairperson and members of the Board shall hold office **for a term of three (3) years from the date of appointment** or until their successors shall have been qualified and appointed. They **may be reappointed** to the same office for another term of three (3) years immediately after the expiry of their term: **Provided, That the holding of such position shall not be more than two (2) terms nor more than six (6) years,** whichever is longer: Provided, further, That the first Board under this Act shall hold these terms of office: the chairperson for three (3) years, the first two (2) members for two (2) years, and the second (2) members for one (1) year: Provided, finally, That any appointee to a vacancy with an unexpired period shall only serve such period. The chairperson and the members shall duly take their oath of office. **Section 11. Grounds for Removal or Suspension of Board Chairperson/Member** The President of the Philippines, upon the recommendation of the Commission, after due process and administrative investigation conducted by the Commission, may remove or suspend the Chairperson or member of the Board on any of the following grounds: \(a) Gross neglect, incompetence or dishonesty in the discharge of one\'s duty; \(b) Commission of any of the causes/grounds and the prohibited acts provided in this Act and the offenses in the Revised Penal Code, the Anti-Graft and Corrupt Practices Act, and other laws; \(c) Manipulation or rigging of the results in the licensure examination for criminologists, disclosure of secret and confidential information on the examination questions prior to the conduct thereof, or tampering of grades; and \(d) Conviction with final judgment of any crime involving moral turpitude. The Commission, in the conduct of the investigation, shall be guided by Section 7(s) of Republic Act No. 8981, the rules on administrative investigation, and the applicable provisions of the New Rules of Court. **RULE III** **EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE** **SECTION 13. Passing of Licensure Examination Requirements**. - Except as otherwise specifically allowed under RA No. 11131, applicants for registration for the practice of criminology shall be required to pass a licensure examination in such places and dates as the Commission may designate through a Resolution on the Master Schedules for all Licensure Examinations in accordance with Section 7(d) of RA No. 8981. **SECTION 14. Qualification of an Applicant for the Licensure Examination.** --- An applicant for the licensure examination for criminologist shall satisfactorily prove that one possesses the following qualifications: \(a) Must be a **citizen of the Republic of the Philippines or a foreign citizen** whose country/state has reciprocity with the Philippines in the practice of criminology; \(b) Must be of **good moral character,** good reputation and of sound mind and body certified by the school where he/she graduated and the barangay where he/she lives, unless the examinee is a foreign national a certification from any professional criminologist of good standing will do; \(c) **Must hold a bachelor\'s degree in criminology** duly accredited by the CHED and conferred by a school/college/university duly authorized by the government or its equivalent programs as approved by the PRB obtained by either a Filipino or foreign citizen from an institution of learning in a foreign country/state: Provided, That it is duly recognized and/or accredited by the CHED; \(d) **Must not have been convicted of an offense** involving moral turpitude by a court of competent jurisdiction; and \(e) **Those who failed five (5) times whether consecutive or cumulative** in the criminologist licensure examination, must **present a certification issued by a reputable institution** duly recognized by the CHED that such applicant has satisfactorily **completed a refresher course in criminology.** Subject to Section 29 on **Foreign Reciprocity,** foreign nationals applying to take the Criminologist Licensure Examination shall submit the following documentary requirements: \(a) Duly **authenticated college diploma and transcript of records** issued by foreign HEI. \(b) **Certificate of Equivalency from the CHED** (if he/she graduated from a foreign university/school) \(c) **Certification of good standing** from any professional criminologist; **SECTION 17. Rating in the Licensure Examination.** To pass the licensure examination for criminologist, a candidate must obtain a **weighted average rating of seventy-five percent (75%) with no grade less than sixty percent (60%) in any given subject.** In case the examinee obtains a weighted average rating of seventy-five percent (75%) but, has a grade below sixty percent (60%) in any of the subjects, the result of the examinee shall be **deferred,** and be required to retake that particular subject/s. The deferred examinee shall only be allowed to retake **once within two (2) years from the date of the examination,** and shall be required to obtain a grade **not lower than eighty percent (80%)** on the subject, to be considered to have passed the licensure examination. **If the examinee failed to retake after the lapse of two (2) years or failed to get the passing mark of eighty percent (80%), the examinee shall retake all the board subjects.** Any examinee who failed **three (3) or more board subjects** shall be deemed to have **failed the board examination.** **2 KINDS OF FAILED EXAMINATION** 1\. Failed to obtain an average grade of 75% and 2.Obtaining failed grades in the three (3) or more subjects of the exams PROFESSIONAL REGULATORY BOARD OF CRIMINOLOGY RESOLUTION NO. \_05\_ Series of 2021 GUIDELINES IN THE CONDUCT OF **REFRESHER COURSE** AS A REQUIREMENT UNDER SECTION 14, RULE II OF REPUBLIC ACT NO. 11131 AND ITS IMPLEMENTING RULES AND REGULATIONS **DEFINITION OF TERMS** \(a) **Applicant** refers to those who are applying to take the Licensure Examination for Criminologists (LEC); \(b) **Board refers** to the Professional Regulatory Board of Criminology created pursuant to Section 6, Article II, R.A. No. 11131; \(c) **Certificate of completion of refresher course** refers to the Certificate issued by CHED - authorized higher educational institutions (HEIs) and whose refresher course in criminology is duly accredited by the Board; \(d) **CHED** refers to the Commission on Higher Education; \(e) **Component subjects** refers to the **courses under the six (6) main areas** or divisions of professional courses as provided by CMO No. 5 (s. 2018) issued by CHED; f\) **Commission** refers to the Professional Regulation Commission; g\) **dean/program head of criminology** refers to a registered criminologist who is appointed in such capacity in an HEI responsible for the administration and operation of the criminology undergraduate program; h\) **HEls** refers to Higher Education Institutions duly recognized by the CHED and whose refresher course is accredited by the Board; i\) **LEC** refers to Licensure Examination for Criminologists being administered by the Board pursuant to Section 10 (a) Rule II of R.A. No. 11131 and its Implementing Rules and Regulations; j\) **main subjects** refers to the divisions or areas as provided under the policies and standards for criminology program pursuant to CMO No 5 (s. 2018) issued by CHED; k\) **PSG** refers to the **policies standards governing** the criminology program issued by the CHED; i\) **Refresher course** refers to a special kind of training **meant to refresh and relearn or acquire that body of knowledge or new set of information and be updated with the current trends** and development in the practice of criminology profession; j\) **Remedial course** refers to a bridging program that is meant **to align learning capacity with contemporary knowledge and address learning gap brought about by the continuing strides in the criminology program** as mandated by the PSG issued by the CHED. k\) **TOS** refers to the table of specifications of the subjects for the Licensure Examination for Criminologists; **PERSONS COVERED BY THE MANDATED REFRESHER COURSE** Section 2. The guidelines herein set forth shall cover anyone who has **previously failed the LEC five (5) times and shall not be allowed to retake the second LEC CY 2022** unless such applicant has completed **the mandatory refresher course from any reputable HEIs offering criminology program** duly authorized by CHED and whose refresher course is duly accredited by the Board. **ACCREDITED HIGHER EDUCATIONAL INSTITUTIONS** Section 3. Only HEIS whose baccalaureate degree program in criminology is duly recognized by CHED shall be qualified to offer the required refresher course. Section 4. To be qualified and be accredited to offer the refresher course in criminology, the HEI must: \(a) Be a CHED-recognized Center of Excellence or Center of Development; or \(b) Achieve and maintain **at least a Level I Accreditation Status** from any of the CHED-recognized voluntary accrediting agencies; or \(c) Have **an average of at least 40% national passing rate and with at least forty (40) examinees in the LEC for the last three (3) years.** Section 13. Any applicant enrolled in the refresher course shall be given **two (2) years** to complete the same. Section 18. The applicant may use the Certificate of Refresher Course only **within two (2) years from the date of completion of the said Refresher Course** and its use **shall be limited to two (2) successive licensure examinations only.** **RULE IV** **PRACTICE OF CRIMINOLOGY** **SECTION 27. Lawful Practitioners of Criminology**. - The following persons shall be authorized to practice the criminology profession: **(a) Natural persons;** \(1) Duly registered criminologists and holders of valid certificates of registration and valid professional identification cards issued by the Board and the Commission pursuant to RA No. 11131. (**b) Juridical persons;** \(1) Single proprietorship whose owner and technical staff are registered criminologists; \(2) **Partnership duly registered with the Securities and Exchange Commission (SEC) as professional partnership** pursuant to the Civil Code and composed of partners majority of whom are registered criminologists; \(3) **Corporation duly registered with the SEC** as engaged in the practice of criminology and with officers and Board of Directors whom are all registered criminologists; and \(4) Association and cooperative duly registered with the appropriate government agency as a non-stock corporation where majority of the officers, Board of Trustees and members are registered criminologists. These juridical persons shall also be registered with the Board and the Commission in accordance with the rules and regulations thereon. The Board shall issue a separate guideline to implement this provision. **SECTION 30. Practice Through Temporary/Special Permit.** **Temporary/Special permit** may be issued by the Board subject to the approval by the Commission and payment of fees the latter has prescribed and charged thereof to the following: \(a) Registered criminologists **from foreign countries/states** whose services are rendered either for free or for a fee: \(1) If they are **internationally known criminologists or experts in any branch,** specialty or allied field of criminology; and \(2) **If their services are urgently and importantly** required for lack or inadequacy of available local specialists or experts; or for the promotion or advancement of the practice of criminology through transfer of technology; \(b) Registered criminologists from foreign countries/states **whose services shall be free and limited to indigent clients or for research purposes;** and \(c) Registered criminologists from foreign countries/states employed as **exchange professors** in a branch, specialty or allied field of criminology, in schools, colleges or universities offering the course of criminology. \(d) Filipino professionals in allied disciplines **who intend to teach in PHEI offering criminology program** and in **review centers for criminology licensure** examination subject to the conditions as stated in section 16 of this IRR. The permit shall, among other things, contain the following limitations and conditions: 1. its validity must be for a period **coterminous with the contract or engagement but not exceeding one (1) year subject to renewal;** \(2) the **branch or specialty of criminology;** and \(3) **specific place of practice** such as national security, public safety, law enforcement agencies, center, school, college or university offering the program or review of criminology. The Board, subject to the approval of the Commission, shall promulgate rules and regulations on the implementation of this particular section. **Section 22. Revocation or Suspension of the Certificate of Registration and Cancellation of Temporary/Special Permit** The Board shall have the power, upon notice and hearing, to revoke or suspend the certificate of registration of a registered criminologist or to cancel a temporary/special permit granted to foreign criminologist for the commission of any of the following acts: \(a) Violation of any provision of this Act, its IRR, the Code of Ethics, the Code of Good Governance, or policy of the Board and/or the Commission; \(b) Conviction of a crime with finality involving moral turpitude; \(c) Perpetration or use of fraud in obtaining one\'s certificate of registration, professional identification card or temporary/special permit; \(d) Gross incompetence, negligence or ignorance resulting to death or injury of a person, or damage to property; \(e) Nonrenewal of the professional identification card for a period of six (6) years with the PRC without justifiable cause; \(f) Aiding or abetting the illegal practice of a non-registered criminologist by allowing the use of one\'s certificate of registration and/or professional identification card or temporary/special permit; \(g) Illegally practicing the profession during the suspension from the practice thereof; (h) Addiction to drugs or alcohol impairing one\'s ability to practice the profession or a declaration by a court of competent jurisdiction that the registrant is of unsound mind; and (i) Noncompliance with the CPD and APO requirements, unless one is exempted therefrom, for the renewal of the professional identification card. The Board shall periodically evaluate the aforementioned grounds and revise or exclude or add new ones as the need arises subject to approval by the Commission. **SECTION 37. Penal Clause.** A fine of not less than One hundred thousand pesos (P100,000.00) nor more than Five hundred thousand pesos (P500,000.00), or imprisonment for not less than two (2) years and one (1) day or more than six (6) years, or both, at the discretion of the court shall be imposed upon any person who shall commit any of the following acts: \(a) **Practicing criminology** as stated in Section 5 of RA 11131 **without valid COR and a valid PIC** or a valid temporary/special permit; \(b) **Attempting to use the seal, COR and PIC of a registered criminologist** or temporary/special permit issued to a foreign criminologist; \(c) Abetting the **illegal practice of criminology by an unregistered or unauthorized person;** \(d) **Securing through false information or fraudulent means certificate of registration and professional identification card or temporary/special permit;** \(e) **Impersonating a registered criminologist** or a holder of a temporary/special permit; and \(f) Violating any provision of RA No. 11131 or this IRR. Where the 1131 of this IRF violator is a **juridical person, the Board of Directors and other responsible officers of the corporation shall be held liable.**