General Principles of Criminal Law

What is Criminal Law?

• Criminal law is the branch of law that:
  1. Defines a crime.
  2. Outlines its nature.
  3. Provides punishment for the crime.

Key Elements of Penal Law

• To qualify as penal law, it must include:
  • Definition of a crime.
  • Explanation of its nature.
  • Provision for punishment.
• If a law lacks a punishment provision, it is not considered a penal law.

Significance of Classifying Laws

• Criminal laws are entitled to a liberal interpretation in favor of the accused and a strict interpretation against the government.
• Non-penal laws do not allow for similar arguments unless explicitly stated.

Characteristics of Criminal Law

1. Generality: Refers to persons.
2. Territoriality: Refers to a place.
3. Prospectivity: Criminal laws apply to future actions, not retroactively.

Generality and Territoriality

• All persons living or sojourning in the Philippines are subject to Philippine criminal jurisdiction.
• Example: An American in the Philippines with marijuana cannot claim immunity under American law; they are still subject to local laws.

Exceptions to General Rules

• Preferential application: Certain treaties may provide exceptions for specific classes of persons, e.g., diplomats.
• Examples of Exceptions:
  • Heads of state and diplomats have immunity in many cases.
  • U.S. military personnel may be tried in U.S. courts under specific treaties.

Territorial Jurisdiction

• Philippine courts generally have jurisdiction over crimes committed within Philippine territory.
• Exceptions include:
  • Crimes committed on Philippine ships or airships.
  • Specific crimes like forgery of Philippine currency, even if committed outside the country.

Prospectivity in Criminal Law

• Criminal laws should not have retroactive application unless specifically stated.
• An exception exists if a new law is more favorable to the accused.

Constitutional Limitations

• Criminal laws must conform to constitutional provisions (e.g., rights to due process, presumption of innocence).
• Presumption of Innocence: The accused is presumed innocent until proven guilty.

Definition of Felonies

• Felonies are acts punishable by law that includes both acts and omissions.
• A person may be liable for a felony by omission if there is a legal duty to act.
• Dolo vs. Culpa:
  • Dolo: Intentional wrongdoing.
  • Culpa: Negligence or lack of foresight.

Criminal Liability

• Criminal liability arises from:
  • Direct commission of a felony.
  • Actions performed that would constitute an offense against persons or property.

Mistake of Fact vs. Mistake of Identity

• Mistake of Fact: No criminal liability if a person acts under a misunderstanding of fact.
• Mistake of Identity: Criminal liability exists if a person commits a crime under a mistaken belief about the identity of the victim.

Conclusion

• Understanding these principles helps in applying legal standards in various situations.
• Bar exam questions often assess the knowledge of these principles, so familiarity is crucial.