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19 Cards in this Set
- Front
- Back
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It is a branch or divisions of law which defines crime traits of their nature and provides their punishment |
Criminal law |
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These are acts of legislature which prohibits certain acts and establish penalties for their violations |
Penal laws |
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It is an act committed or omitted in violation of a public law for bidding or commanding it |
Crime |
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Man is essentially a moral creature with an absolute free will to choose between good and evil |
Human free will classical theory |
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Sum total of the social and economic phenomena to which the offense is expressive |
Positivist theory |
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It is a crime or an act that is inherently immoral such as murder arson or rape |
Malainse |
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This crimes which are so serious in their effects on society as to call for almost anonymous condemnation of its members itself |
Mala inse |
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It is an act that is a crime merely because it is prohibited by statute although they act itself is not necessarily immoral |
Mala prohibita |
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Penal law shall be obligatory upon all who live also join in the philippine territory subject to the principles of public international law and to treat the stipulation |
Generality principle |
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The recognized exceptions in generality principle are |
Treaty stipulations Principles of public international law Law of preferential application Case law |
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Penal laws of the philippines are enforceable only within its territory |
Territoriality principle |
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It means that the philippines has jurisdiction over crimes committed outside its territory as prohibited in article 2 paragraph 1 to 5 of the revised penal code |
Extraterritoriality principle |
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What are the crimes committed in extra territoriality principle |
Commission of an offense in a philippine ship or airship Forging or counterfeiting any coin or currency note of the philippines Introduction into the philippines of the obligation and the securities Public officers or employees who commit an offense in the exercise of their functions Commission of any of the crimes against national security and the law of nations |
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Such crimes are not triable in the courts of the coastal state unless their commission affects the peace and security of the territory or the safety of the state in endangered |
French rule |
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Such crimes are triable in the courts of the coastal state unless they merely affect things within the vessel or they refer to the internal management thereo |
English rule |
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The general rule is that crimes are punished under the laws enforce at the time of their commission |
Prospectivity principle |
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What are the three exceptions to the prospectivity principle |
When the new law is more favorable to the accused Decriminalization By express provision of law |
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Indobio proreo means |
When in doubt for the accused |
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Basis of procreo principle |
The accused is presumed innocent until proven guilty |
