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NOTES 2
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This is the essence of the Latin principle
“nullum crimen nulla poena sine leg”
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In the absence of law, an act cannot be considered illegal
and, therefore, is not punishable
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It is also sometimes referred to as penal
law
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Revised Penal Code (Act No
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2
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3
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Characteristics of Criminal Law are:
1
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2
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3
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Thus,
crimes are punished under the laws in force at the time of their commission
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In order to better understand how criminal laws have become what
they are today, it is necessary to look back at how criminal laws originated
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However, men still found ways to avenge themselves from harm and injury caused by
another
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Since there were no written laws, no police officers, judges and prison authorities
back then, justice was served according to how the elders of the tribes saw fit
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When the wife
was unfaithful to her husband, the husband had the right to murder the offending wife
and her lover
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However, as civilizations continued to flourish, so did their laws and justice system
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Some of which are the following:
1) CODE OF URUKAGINA (21 Century BC) – first introduced code
2) SUMERIAN CODE or CODE OF UR NAMMU (3500 BC) – first known code; the oldest
known law code surviving today, written in tablets in Sumerian Language
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It is believed that it was during his reign that
the Code was created, thus, it was named after him
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The provisions
of the Code were premised on the law of talion, or the principle of “an eye for an eye,
a tooth for a tooth”
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4) THE HITTITES
The Hittites existed about two centuries after the reign of Hammurabi and they
eventually conquered Babylon
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5) CODE OF DRAKON
This was codified by Drakon, an Athenian lawgiver in Athens, Greece, in the
seventh century BC
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6) LAWS OF SOLON
Solon, also an Athenian, was appointed archon and was given legislative
powers
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He was one of the first to see that a
lawgiver had to make laws that applied equally to all citizens and also saw that the
law of punishment had to maintain proportionality to the crimes committed
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7) ROME’S TWELVE TABLES
Roman law began with the Twelve Table which were written in the middle of
the sixth century BC by the Decemvirs
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As civilizations continued to grow, develop and progress, more laws were
created and new systems of justice were established
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Early laws in the Philippines
1
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- is a work by Pedro Alcantara Monteclaro
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2
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THE REVISED PENAL CODE
One of the sources of the Philippine criminal law is Act No 3815, otherwise known
as the Revised Penal Code or RPC
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It was translated from the original Penal Code by the Committee
created by virtue of Administrative Order 94 issue on October 18, 1927 by the Department
of Justice
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Felony, or delito, is an act or omission punishable by law which is committed by
means of dolo or deceit or culpa or fault and punishable under the Revised Penal Code
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Intentional felonies are performed with deliberate intent or malice
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 There is freedom or voluntariness when the person acted on his own accord,
without irresistible force and/or uncontrollable fear
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 There is intent when the person knowingly and purposely committed the crime to
obtain the desired result
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The elements of culpable felonies are imprudence, negligence, lack of
foresight and lack of skill
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Negligence is defined as deficiency in perception, or failure to foresee the
danger
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Finally, there is lack of skill when the crime resulted because the person does not
have necessary skill to perform the action safely
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These circumstances can increase, decrease or extinguish the penalty
imposable
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Justifying circumstances are those where the act of a person is said to be in
accordance with law, so that such person is deemed not to have transgressed the
law and is free from both criminal and civil liability
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Exempting circumstances are those grounds for exemption from punishment
because there is lacking in the agent of the crime any of the conditions which
make the act voluntary or negligent
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Mitigating circumstances are those which, if present in the commission of the
crime, do not entirely free the actor from criminal liability, but serve only to reduce
the penalty
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Aggravating circumstances are those which, if attendant in the commission of the
crime, serve to increase the penalty without, however, exceeding the maximum
of the penalty provided by law for the offense
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And finally, Alternative circumstances are those which must be taken into
consideration aggravating or mitigating according to the nature and effects of
the crime and the other conditions attending its commission
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Theory is a set of statements devised to explain behavior, events or phenomenon,
especially one that has been repeatedly tested and widely accepted
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However, even before the formal concepts of
criminology were formulated, there already were primitive attempts to explain criminality
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Under this theory, crimes are believed to be caused by the devil or other
supernatural explanations
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This “possession” of the evil spirit
caused the person to engage in criminal behavior
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A
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There was no real system of criminal
justice in Europe at that time
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Judges had
discretionary power to convict a person for an act not even legally defined as criminal
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According to classical
criminologists, individuals have free will
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This theory, however, does not give any distinction
between an adult and a minor or a mentally-handicapped in as far as free will
is concerned
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1
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This book presented a coherent and comprehensive design for an
enlightened criminal justice system that was to serve the people
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His treatise was so influential that it became
the basis of the reforms in criminal justice and penology not only in Italy but in other parts
of Europe
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Cesare Bonesana Marchese de Beccaria, or Cesare Beccaria, was born on March
15, 1738 in Milan, Italy
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It was his membership with this literary group that influenced him to
write his influential treatise, “On Crimes and Punishment”
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The prompt administration of clearly prescribed and consistent punishments;
b
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The abolition of torture in prisons; and
d
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He was later appointed as chairman of law and economics in Palatine College of
Milan, became a member of the supreme economic council and member of the board
for judicial reform, all in Italy
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And for his contributions in the field of criminology, he is credited as being one of
the founders of classical criminology
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JEREMY BENTHAM (1748-1832)

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He was an English jurist, philosopher, and legal and social reformer
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He is best
known as an early advocate of utilitarianism and fair treatment of animals that influenced
the development of liberalism
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He invented the panopticon prison design, and other classical school philosophers
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POSITIVIST SCHOOL OF CRIMINOLOGY
The Positivist School presumed that criminal behavior is caused by internal
(subjective or nature) and external (objective or nurtured) factors outside of individual’s
control
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Positivism can be broken up into three segments which include biological, psychological
and social positivism
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Cesare Lombroso, born Ezechia Marco Lombroso was Italian criminologist and
founder of the Italian School of Positivist Criminology
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Instead, using concepts drawn from physiognomy, early eugenics,
psychiatry and Social Darwinism, Lombroso’s theory of anthropological
criminology essentially stated that criminality was inherited, and that someone
“born criminal” could be identified by physical defects, which confirmed a
criminal as savage or atavistic
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He integrated August Comte’s Positivism and Charles Darwin’s evolution
theory and other original works and studies in the relation of crime to the body
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He referred as the Father of Empirical Criminology
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He was a physician who served much of his career in the Italian military
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He was also a professor of legal
medicine in the University of Turin
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Later, he studied inmates at institutes for
criminally-insane in various parts of Italy
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In 1876, he published a book called “The Criminal Man” and this gave him
prominence as a criminologist
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He died on October 19, 1909 in Turin, Italy
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Atavistic – these criminals are those considered as born criminals
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Insane Criminal – this refers to people who became criminals due to
alcoholism, kleptomaniacs, nymphomaniacs, and child molesters
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3
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” This category included
“juridical criminals”, who fall afoul of the law by accident; and the “criminal
by passion”, hot-headed and impulsive persons who commit violent acts
when provoked
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Enrico Ferri, a student of Lombroso, believed that social as well as biological
factors played a role, and held the view that criminals should not be held
responsible, for the factors causing their criminality were beyond their control
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Ferri also devised his own classifications of criminals which consists of five (5)
types or classes
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Enrico Ferri was born in February 25,
1856 in Lombardy, Italy
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He was elected to the Italian parliament and supported the socialist
movement
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He died on April 12,
1929 at age 73
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An insane criminal is suffering from some clinical form of mental alienation
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An occasional criminal is one who commits very insignificant criminal acts more
because he is led astray by his conditions of life than because the aggressive
energy of a degenerate personality impels him (Ferri, 1901)
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3
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He
rejected the doctrine of free will and supported the position that crime can be
understood only if it is studied by scientific methods
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He was more interested in protecting the society than in the individual
criminality which influences criminology to the present day
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2
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4
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Violent Criminals – who commit serious crimes
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Lascivious criminals –
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CHICAGO SCHOOL
The Chicago School arose in the early twentieth century, through the work
of Robert Ezra Park, Ernest Burgess, and other urban sociologists at University of
Chicago
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In the 1940’s, Henry McKay and Clifford R
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Chicago School sociologists adopted a social ecology approach to
studying cities, and postulated that urban neighborhoods with high levels of
poverty often experience breakdown in the social structure and institutions such
as family and schools
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