RPC Vs SPL

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Crimes punished under RPC Crimes punished under a special

penal law
Nature of crime generally regarded as mala in Generally regarded as mala
se, the act committed in prohibita or the act is merely
inherently wrong or immoral prohibited by law

Exception: plunder is mala in se,

Good faith as defense Good faith is a proper defense Generally. good faith is not a
defense
Exception: Plunder being malum
in se, criminal intent is required.

As to stages of execution the stages of execution Stages of execution is not


(consummated, frustrated or considered
attempted) is considered in
arriving at the proper penalty to
be imposed
As to degree of participation of the degree of participation of Generally. degree of
the offenders the offenders (principals, participation is not considered
accomplices, accessories) is
taken into consideration on the Exception: Human Security Act,
penalty imposable Anti Torture Act, Anti-Plunder
Law
As to appreciation of modifying the modifying circumstances the modifying circumstances
circumstances are appreciated in determining are not appreciated
the penalty imposable Exception: Anti-Plunder Law
As to penalties uses the nomenclature of Does not use the nomenclature
penalties provided under the of penalties provided under the
RPC RPC

Xpn: Anti-Child Abuse Law,


Anti-Torture Act

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