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CRIME, defined.
- Act committed or omitted in violation of a public law forbidding or
commanding it.
Court decisions are not sources of criminal law, because they merely explain the
meaning of, and apply, the law as enacted by the legislative branch of the
government.
RIGHT WHICH MAY BE WAIVED right of the accused to confrontation and cross-
examination (personal)
RIGHT WHICH MAY NOT BE WAIVED - the right of the accused to be informed of
the nature and cause of the accusation against him. (involve public interest )
FRENCH RULE such crimes are not triable in the courts of that country , unless
their commission affects the peace and security of the territory or the safety of the
state is endangered.
ENGLISH RULE such crimes are triable in that country, unless they merely affect
things within the vessel or they refer to the internal management thereof.
ARTICLE 3. DEFINITION.
- Acts and omissions punishable by law (RPC) are felonies.
- Felonies are committed by means of deceit (dolo) and by means of fault
(culpa)
- There is deceit when the act is performed with deliberate intent
- There is fault when the wrongful act results from imprudence, negligence,
lack of foresight or lack of skill
FELONIES
- Are acts and omissions punishable by the Revised Penal Code
Elements / Requisites of FELONIES:
1) That there must be an act or omission
2) That the act or omission is punishable by law
3) That the act is performed or the omission incurred by means of dolo or culpa.
ACT any bodily movement tending to produce some effect in the external world, it
being unnecessary that the same be actually produced, as the possibility of its
production is sufficient.
OVERT ACT an external act which has direct connection with the felony intended
to be committed.
OMISSION
- Means inaction, the failure to perform a positive duty which one is bound
to do. There must be a law requiring the doing or performance of an act.
CLASSIFICATION OF FELONIES
1) INTENTIONAL FELONIES
- Act is performed with deliberate intent
- Offender has the intention to cause an injury to another
- Offender acts with malice
2) CULPABLE FELONIES
- Act or omission of the offender is not malicious
- Injury caused to another person is unintentional
- Wrongful act results from imprudence, negligence, lack of foresight, or
lack of skill
REQUISITES OF FAULT/CULPA
1) FREEDOM while doing or omitting to do an act
2) INTELLIGENCE while doing or omitting to do an act
3) IMPRUDENT, NEGLIGENT, LACKS FORESIGHT OR SKILL while doing or
omitting to do the act
MISTAKE OF FACT
- Is a misapprehension of fact on t he part of the person who caused injury
to another
MALA IN SE
- there is criminal intent
- refers generally to felonies defined and penalized by the RPC
- acts are inherently immoral
MALA PROHIBITA
- it is sufficient if the prohibited act was intentionally done
- Refers generally to acts made criminal by special laws
- The only question is Has the law been violated?
MOTIVE - Is the moving power which impels one to action for a definite result
INTENT - Is the purpose to use particular means to effect such result
REQUISITES:
- That an intentional felony has been committed;; and
- That the wrong done to the aggrieved party be the direct and logical
consequence of the felony committed by the offender
IMPOSSIBLE CRIMES
- The commission of an impossible crime is indicative of criminal propensity
or criminal tendency on the part of the actor. Such person is a potential
criminal.
REQUISITES of IMPOSSIBLE CRIME:
- That the act performed would be an offense against persons or property
- That the act was done with evil intent
- That its accomplishment is inherently impossible, or that the means
employed is either inadequate or ineffectual
- That the act performed should not constitute a violation of another
provision of the RPC