WHAT TO STUDY FOR CRIMINAL LAW I ◦
What is Criminal Law? Criminal law is that branch of law which defines crimes, treats of their ▪ nature, and provides for their penalties. Remember DTP: ▪ Defines crimes, ▪ Treats of their nature, and ▪ Provides for their penalties. ▪ It is substantive law; it is substantive because it defines the right of the ▪ state to inflict punishment and the liability of the offenders, it is public because it deals with the relation of the individual with the state.
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What is a Crime? A crime is an act or omission in violation of a law forbidding it, or ▪ commanding it.
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What are the sources of Philippine criminal law? Where does the State get its authority to punish crimes? ▪ The State derives such authority as an inherent attribute of its ▪ sovereignty, and from police power. Remember ReSPeL – Revised Penal Code (RPC), Special Penal ▪ Laws, Penal Provisions in other Laws, and Local Ordinances RPC provisions ▪ Special Penal Laws ▪ Penal Provisions in other laws ▪ Local Ordinances ▪
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What does Nullum crimen, nulla poena sine lege mean? There is no crime where there is no law punishing it. ▪
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What are the Characteristics of Criminal Law? Remember GTP – General, Territorial, Prospective ▪ GTP Principles, or Principles of; ▪ Generality – Means that Philippine Criminal Law applies to all who live or ▪ sojourn in the Philippines Territoriality – Acts or omissions done within Philippine territory are ▪ punishable by Philippine Criminal Law Exceptions (CAPON) ▪ Counterfeiting of Philippine currency or coins or ▪ introduction thereof into the country, Acts related to such counterfeiting or introduction of ▪ counterfeit Philippine currency or coins,
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| UP SIGMA RHO FRATERNITY
