Criminal Law
Criminal Law
Criminal Law
Block: 3-Alpha
Criminal Law 1
3. Definition:
Crime- it is an act omitted or committed punishable by law.
Felony- defined under the code as an act or omission punishable by law,
committed through culpa (fault) or dolo (deceit). The words “punishable by law”
means that the act or omission must be defined and punished by the Revised
Penal Code.
Offense- crime committed punishable by Special Penal Laws.
Misdemeanor- less serious than felonies and carry lighter penalties. Typically,
such penalties may include less than a year in jail, community service, fines,
rehabilitation and/or probation.
2. Should forge or counterfeit any coin or currency note of the Philippine Islands
or obligations and securities issued by the Government of the Philippine
Islands;
3. Should be liable for acts connected with the introduction into these islands of
the obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the
exercise of their functions; or
5. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.
Article 5. Duty of the court in connection with acts which should be repressed but
which are not covered by the law, and in cases of excessive penalties. –
Whenever a court has knowledge of any act which it may deem proper to repress
and which is not punishable by law, it shall render the proper decision, and shall
report to the Chief Executive, through the Department of Justice, the reasons
which induce the court to believe that said act should be made the subject of
legislation.
In the same way, the court shall submit to the Chief Executive, through the
Department of Justice, such statement as may be deemed proper, without
suspending the execution of the sentence, when a strict enforcement of the
provisions of this Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the injury caused by
the offense.
Article 7. When light felonies are punishable. – Light felonies are punishable only
when they have been consummated, with the exception of those committed
against person or property.
Article 10. Offenses not subject to the provisions of this Code. – Offenses which
are or in the future may be punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary to such laws, unless
the latter should specially provide the contrary.
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