Compiled by: The Barristers’ Club Page 1 of 67 Criminal Law Green Notes 2015 BAR OPERATIONS 2015 FUNDAMENTAL PRINCIPLES Q. Define Criminal Law Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment (Reyes, The Revised Penal Code Book One, 18 th ed., 2012, p. 1). Q. Distinguish crimes which are mala in se from crimes which are mala prohibita. The following are the distinctions between the two: Mala in Se Mala Prohibita As to Nature Wrong from its very nature Wrong because it is prohibited by law As to Use of Good Faith as a Defense Good faith is a valid defense; unless the crime is a result of culpa. Good faith is NOT a defense. As to Use of Intent as an Element Intent is an element. Criminal Intent is NOT required. Only intent to perpetrate the act prohibited by law will suffice. As to Degree of Accomplishment of the Crime The degree of accomplishment of the crime is taken into account in punishing the offender. The act gives rise to a crime only when it is consummated. As to Mitigating and Aggravating Circumstances Mitigating and aggravating circumstances are taken into account in imposing the penalty. Mitigating and aggravating circumstances are generally NOT taken into account. As to Degree of Participation When there is more than one offender, the degree of participation of each in the commission of the crime is taken into account. Degree of participation is generally NOT taken into account. Al who participated in the act are punished to the same extent. As to Persons Criminally liable Penalty is computed on the basis of whether there is a principal offender, or merely an accomplice The penalty on the offenders is the same, whether they are merely accomplices or accessories. or accessory. As to what Laws are Violated Revised Penal Code Special Penal Laws As to Stages of Execution There are three stages: attempted, frustrated, consummated. No such stages of execution. As to Persons Criminally Liable There are three persons criminally liable: principal, accomplice, and accessory. Generally, only the principal is liable. Q. What are the rules of construction in penal laws? Penal laws are strictly construed against the Government and liberally in favour of the accused. (US vs. Abad Santos, 36 Phil. 243) The rule that penal statutes should be strictly construed against the State may be invoked only where the law is ambiguous and there is no doubt as to its interpretation. Where the law is clear and unambiguous, there is no room for the application of the rule. (People vs. Gatchalian, 104 Phil. 664) Q. What does In Dubio Pro Reo mean? In dubio pro reo means "when in doubt, for the accused." Intimately related to the In dubio pro reo principle is the rule of lenity. The rule applies when the court Is faced with two possible interpretations of a penal statute, one that Is prejudicial to the accused and another that is favorable to him. The rule calls for the adoption of an Interpretation which is more lenient to the accused (Intestate estate of Gonzales vs. People, G.R. No. 181409, February 11, 2010). Q. What are the three characteristics of criminal law? There are three characteristics of criminal law, to wit: (1) generality (2) territoriality, and (3) prospectivity. The general, territorial and prospective characteristics of criminal law are principles that define and demarcate the scope and limitation of the operation of criminal law. Under these three principles, the operation or enforceability of criminal law is limited to wrongful acts committed on or after its effectivity (prospectively) within the territory of the Philippines (territoriality) by person living and sojourning therein (generality).