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Special Criminal Law

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clarice ane

on 15 August 2014

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Transcript of Special Criminal Law

Criminal Law
Special Criminal Law
Malum Prohibitum
[B] Retributivism - Under a retributive theory of penal law, a convicted defendant is punished simply because he deserves it. There is no exterior motive such as deterring others from crime or protecting society - here the goal is to make the defendant suffer in order to pay for his crime. Retributive theory assigns punishment on a proportional basis so that crimes that cause greater harm or are committed with a higher degree of culpability (e.g., intentional versus negligent) receive more severe punishment than lesser criminal activity.
Special Criminal Law in IT
Special Criminal Law
Reported by:
Clarice Ane Boko
Ken Aizer Gruy
Henna Diane Molo
Marlo Que Valdez

Utilitarians consider the effect of a form of punishment in terms of both general deterrence and specific (or individual) deterrence. When the goal is general deterrence , punishment is imposed in order to dissuade the community at large to forego criminal conduct in the future. When the goal is specific deterrence , punishment is meant to deter future misconduct by an individual defendant by both preventing him from committing crimes against society during the period of his incarceration ( incapacitation ), and reinforcing to him the consequences of future crimes ( intimidation ).
[2] Rehabilitation - Another form of utilitarianism is rehabilitation (or reform). Examples of rehabilitative "punishment" include: psychiatric care, therapy for drug addiction, or academic or vocational training.
[C] Denunciation (Expressive Theory) - The denunciation theory - which holds that punishment is justified as a means of expressing society's condemnation of a crime - has both utilitarian and retributive components. Under a utilitarian theory, denunciation is desirable because it educates individuals that the community considers specific conduct improper, channels community anger away from personal vengeance, and serves to maintain social cohesion. Under a retributive theory, denunciation serves to punish the defendant by stigmatizing him.
Criminal law is that branch of municipal law
which defines crimes, treats of their nature and
provides for their punishment.
Malum in se
Violations of the Revised Penal Code are referred
to
literally means, that the act is inherently evil or bad or per se wrongful.
Violations of special laws
Mala Prohibita
term used to describe conduct that is
prohibited by laws, although not inherently evil.
Theories of Criminal Punishment [A] Utilitarianism [1] Deterrence
The utilitarian theory is essentially one of deterrence - punishment is justifiable if, but only if, it is expected to result in a reduction of crime. Punishment must be proportional to the crime, i.e., that punishment be inflicted in the amount required (but no more than is required) to satisfy utilitarian crime prevention goals.
Special Criminal Law in the Philippines
The Revised Penal Code
took effect on January 1, 1932
composed of two parts
Book One of the Revised Penal Code
provides the general provisions
on the application of the law,
and the general principles of
criminal law.
It defines felonies and circumstances
which affect criminal liability, justifying circumstances and circumstances which
exempt, mitigate or aggravate criminal
liability, and defines the classification,
duration, and effects of criminal penalties.

Finally, it provides for the extinction and
survival of criminal and civil liabilities
in crimes.
Book Two of the Revised Penal Code
defines the specific crimes and
the penalties imposable
for each crime.
Degree of Consummation of Crimes
Felonies can be consummated,
frustrated, and attempted.
A felony is consummated when
all the elements necessary for its
execution and accomplishment
are present.
Circumstances that Affect Criminal Liability
The presence of certain circumstances
have the effect of removing, mitigating or aggravating criminal liability of persons.
Persons who commit crimes when
justifying circumstances are present
do not incur criminal or civil liability
Acting in self-defense is one of these
justifying circumstances.
Participation in Crimes
Under the Revised Penal Code, when more
than one person participated in the
commission of the crime, the law looks
into their participation because in punishing offenders, the Revised Penal Code
classifies them as principals, accomplices,
or accessories.
A persons can be liable as a principal for :
(a) taking a direct part in the execution
of the felony,
(b) directly forcing or inducing others
to commit it
(c) cooperate in the commission of
the offense by another act without
which it would not have been
accomplished.
Accomplices are persons who,
while not acting as a principal,
cooperate in the execution of the
offense by previous or
simultaneous acts.
Lastly, accessories are those who,
having knowledge of the commission
of the crime, and without having
participated therein, either as principals
or accomplices, take part subsequent
to its commission by:
(a) profiting themselves or assisting the offender to profit by the effects of the crime
(b) concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery
(c) harboring, concealing, or assisting in the escape of the principals of the crime.
Special Penal Laws
Apart from the crimes penalized in the Revised Penal Code, several other pieces of criminal legislation have been passed, penalizing
acts such as illegal possession and trafficking of dangerous drugs, money laundering, and illegal possession of firearms.
These laws are called “Special Penal Laws” and they form part of Philippine Criminal Laws.
There are certain differences between crimes punished under the Revised Penal Code and Special Penal Laws.
Some important distinctions between crimes punishable under the Revised Penal Code and Special Penal Laws.
Crimes punished under
the Revised Penal Code
the moral trait of the offender is considered.
the liability would only arise when there
is criminal intent or negligence in the
commission of the punishable act
Crimes punished under Special Penal Laws
the moral trait of the offender is
not considered
it is enough that the prohibited act
was voluntarily done.
REPUBLIC ACT NO. 386
AN ACT TO ORDAIN AND INSTITUTE
THE CIVIL CODE OF THE PHILIPPINES
Act No. 3815, the Revised Penal Code
of the Philippines (1930)
The Revised Penal Code criminalizes a whole class of acts that are generally accepted as criminal, such as the taking of a life whether through murder or homicide, rape, robbery and theft, and treason.
The Code also penalizes other acts
which are considered criminal
in the Philippines, such as adultery,
concubinage, and abortion.
The Code expressly defines the elements
that each crime comprises, and the
existence of all these elements have to
be proven beyond reasonable doubt in
order to secure conviction.
The end
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