Introduction to Criminology

PRELIM
What is CRIMINOLOGY?
Broader Sense
- The body of knowledge regarding crimes and criminals and the effort of the society to prevent and
repress them.
Narrow Sense
- Study of crimes and criminal behaviors.

PRINCIPAL DIVISION OF CRIMINOLOGY (Tradio, 1999)

1. Etiology of Crimes – Analysis of the causation of crimes and the behaviour of the criminal.
2. Sociology of Laws – Investigation of the nature of criminal law and its administration.
3. Penology – Study of the control of crimes and the rehabilitation of the offender.

BRIEF HISTORY
The study of criminology started in Europe when the Founder of the Positivist School of Thought, Dr.
Cesare Lombroso advocated the theory that crime can be attributed to a hereditary predisposition in certain
individuals.
In later part of the 19th century, criminology was accepted as a field of study by the department of
sociology in the United States of America and many American sociologists became interested on it because
thet were impressed in the Lombrosorian’s arguments, but not until about 1915 where in the environmental
factors became more popular & accepted as the causes of criminality.
In the Philippines, the first school of criminology was established & founded by Manila Major Police
Eliseo Vibar, Dr. Pedro Solis of the National Bureau of Investigation, Supreme Court Associate Justice Felix
Bautista Angelo & others on the 1950’s at Sta Cruz, Manila. This pioneering School for scientific crime
detection in the country & Southeast Asia was the Plaridel College, now known as the Philippine College of
Criminology (PCCR). In the early part of 1960’s criminology course was also offered by the University of
Manila, Abad Santos College, University of Visayas, University of Mindanao, University of Baguio and in all
regions of the country.
Criminology is a scientific study of crimes and criminals as a social phenomenon. Generally, it is not an
absolute science because its principles have not yet acquired universal validity & acceptance. It is not fixed
and it varies from time & place to another. However, considering that it is an objective & systematic study of
social phenomenon & other body of knowledge, it is a science in itself especially when under the following
nature:
NATURE OF CRIMINOLOGY
1. It is an applied science – the study of crimes, psychology, anthropology, & other natural sciences may
be applied. In scientific crime detection, different branches of criminalistics like Forensic Chemistry &
Toxicology, Legal Medicine, Questioned Document Examinations, Dactyloscopy & others may be used.

2. It is a social science – crime is considered part of the social science because it’s a creation of men who
are members of the society.

3. It is dynamic – the body of knowledge about crimes & criminals changes as the social condition
changes. It is not fixed nor permanent instead it varies from one place to another.
 4. It is nationalistic – the study of criminology must be in relation with the existing penal law within a
specific territory because an act in one country may be considered a crime but not in other countries.

SCOPE OF THE STUDY OF CRIMINOLOGY

1. Study of the origin and development of criminal law or penal law.
2. Study of the causes of crimes and development of criminals.
3. Study of the different factors that enhances the development of criminal behavior such as:

1. CRIMINAL DEMOGRAPHY
-Study of the relationship between criminality and population.

2. CRIMINAL EPIDIOMOLOGY
-Study of the relationship between environment and criminality.

3. CRIMINAL ECOLOGY
-Study of criminality in relation to spatial distributions in a community.

4. CRIMINAL PHYSICAL ANTHOROPOLOGY

-Study of criminality in relation to physical constitution in a community of men.

5. CRIMINAL PSYCHOLOGY
-Study of human mind and behaviour in relation to physical constitution of men.

6. CRIMINAL PSYCHIATRY
-Study of mental and behavioural disorders in relation to criminality.

7. VICTIMOLOGY
-Study of role of the victim in the commission of a crime.

Major Areas Studies in Criminology

1. Dactyloscopy
2. Police Photography
3. Polygraphy
4. Ballistics
5. Questioned Document Examination
6. Penology
7. Police Supervision and Administration
8. Investigation and Detection of crimes
9. Industrial Security Management
10. Traffic Accident Investigation

Importance of Studying Criminology

1. A source of philosophy of life. The knowledge derived from studying crime is a good foundation
for an individual’s philosophy and lifestyle;
2. A background for a profession or for social service;
3. Because criminals are legitimate objects of interest. They should be understood in order to
know how to control them;
4. Because crime is costly problem. The value of property lost, medical expenses, insurance,
moving costs, and intangible costs of pain and suffering is too high as a result of victimization.
FUNDAMENATAL STUDY OF CRIMINAL LAW
What is Criminal Law?
- It is the branch of public law, which defines crime, treat of their nature and provides for their
punishment. This is also known as Penal Law. In the Philippines, we have the Revised Penal Code
(RPC), which is the book that contains the Philippine Criminal Law, different special laws and
decrees, which are penal in nature. It took effect on January 1, 1932.

Development of Criminal Law

The beginnings of criminal law can be traced more ted odes recorded in history than 3,000 years ago. The
following are the ancient legal codes recorded in history:
The Code of Hammurabi (1750-1792 B.C.).
It established a system of crime and punishment based on physical retaliation or an "an eye for an eye, a tooth
for a tooth" method. If a physician performed a careless operation, his hand was removed; if he were
responsible for the death of a woman through a miscarriage, the life of one of his daughters was taken. The
severity of punishment also depended on class standing; if convicted of an unprovoked assault, a slave would
be killed, whereas a freeman might only loss a limb.
The Mosaic Code (1200 B.C.) of the Israelites.
This was based on tradition that God entered into a covenant or contract with the tribes of Israel. In return for
God's special care and protection, they agreed to obey his law (the 613 law of the Old Testament, including
the Ten Commandments) presented to them by Moses.
The Roman Law. (450 B.C.).
This is contained in the Twelve Tables, formulated by a special commission of ten noble Roman men in
response to pressure from lower classes, who were referred to as plebeians. The plebeians and unlimited
power to the wealthy classes, known as patricians, who served as magistrates. The remnants of the code
reflect laws on debt, family relations, property and other daily matters.
The Common Law.
Because the ancient legal codes had been lost during the Dark Ages (Middle Age) the concept of law and crime
during this long 500-year period was in disarray and often guided by superstition and local custom. It was only
during the reign of Henry II (1154-1189) that a standardized law and justice system known as common law was
developed. Under this law, if a new rule was successfully applied in a number of different cases, it would
become a precedent. These precedent would then commonly applied in all similar cases, hence the term be
common law. Crimes such as murder, burglary, arson rape are common-law crimes whose elements are
initially defined by judges. They were referred to as mala in se, or inherently evil and bad. This early English
Law became the standardized law on inherently evil and bad. It became the standardized law of England;
eventually, it formed the basis of the criminal law of the United States.
The Code of Kalantiaw (1433).
A mythical legal code believed to have been written by Datu Kalantiaw of the island of Negros, the Code of
Kalantiaw purportedly had existed during the Pre-Spanish era. It is regarded as the first set of criminal laws in
the country (though some historians consider the code as a disputed document). The code is known for
imposing cruel forms of punishments such as drowning in a river, dipping hands in boiling water exposure to
ants, and flogging with spines to death.
Upon the coming of the Spaniards, the Spanish Codigo Penal was made applicable by virtue of Royal Degree
of 1870. It was later replaced by the old Penal Code (1876) until the American colonization. On December 8,
1930, the same penal code was amended through Act No. 3815, otherwise known as "The Revised Penal
Code”
Sources of Philippine Criminal Law
1. The Revised Penal Code (Act No. 3815) and its amendments
2. Special laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National
Assembly, the Congress of the Philippines, and the Batasang Pambansa
3. Penal presidential decrees issued during the Martial Law
Note: Court decisions are not considered as sources of criminal law; since they merely explain the meaning
and apply the law enacted by the legislative branch of the government.

Principal Parts of Revised Penal Code

The following are the major parts of the Philippine Criminal Law:
1. Articles 1 to 20 – principles affecting criminal liability
2. Articles 21 to 113 – provisions on penalties including criminal and civil liability
3. Articles 114 to 367 – felonies defined under the different titles

Two Important Theories in Criminal Law

1. Classical Theory – crime is caused of human free well (Cesare Becarria)
2. Positivist Theory – criminal are born (Cesare Lombroso)

Some Theories as to the Criminal Law

1. That criminal law originated from private wrong or tort.
2. That criminal law originated from the national processes of a unified society.
3. That criminal law originated from the development of customs, usage and tradition.
4. That criminal law originated from conflict of interest of different social groups.

Characteristic of Criminal Law

1. It is general in application.
-the law is applied to persons within the territory irrespective of sex, race, nationality or civil status
except for the following:
a. Head of State;
b. Foreign Diplomats, Ambassadors who are duly accredited to our country;
c. Foreign Troops permitted to march within territory.

2. It is territorial in character.
-the RPC is applicable to felonies committed within the Philippine territorial jurisdiction & such cases
mentioned in Art. 2 of the Penal Law.

3. It must be prospective.
-the provisions in the RPC cannot be applied if the act is not yet punishable on the time it was
committed. On the other hand, it may be given a retroactive effect if it is favourable to the accused
that is not a habitual criminal.
 4. It is specific and definite.
-the criminal law gives a strict definition of specific act committed.

5. It is uniform in application.
-when law is general in application, the punishment given is to convict a person is in the same context
that no exemption must made as to criminal liability.

6. There must be a penal sanction or punishment.

-it is the most important part of in the violation of laws since it acts as deterrence in further violation of
laws.

Circumstances Affecting Criminal Liability

Justifying
Exempting
Mitigating
Aggravating
Alternative

Object of Interest in Criminology

Crime
- Defined as an act committed or omitted in violation of a public law for biding or commanding it.
- It is also defined as an act that violates the law of the nation.

General Categories of Crimes

The following are the different categories of crimes punishable under different laws of the land:
1. Felony – it refers to any act or omission punishable by the Revised Penal Code.
ELEMENTS OF FELONY
a. There must be an act or omission.
b. The act or omission must be voluntary.
c. It must be punishable by law.

2. Offense – it is any act or omission in violation of Special Laws or Presidential Decrees

3. Infraction/ Delinquency/Misdemeanor- it is any breach of the municipal or city ordinance.

Elements of Crimes/ of Crime

Crime would not be committed without any of its essential elements.
1. Desire (motive)
- It is what induces / pushes the person to commit crime.
2. Opportunity (chance)
- This refers to the physical possibility that the crime could have been committed.
3. Capability (instruments)
 - It is the ability of a person to execute the acts or omission punishable by the laws.

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. As to the result of crimes
a. ACQUISITIVE CRIME
- When the offender acquires something as a consequences of his criminal act.
b. EXTINCTIVE CRIME
- When the end of the result of criminal act us destructive.

2. As to the time or period committed

a. SEASONAL CRIME
- Those committed only during a certain period of the year.
b. SITUATIONAL CRIME
- Those committed only when given the situation conducive to its commission.

3. As to the length of the time committed

a. INSTANT CRIMES
- Those committed in the shortest possible time.
b. EPISODAL CRIMES
- Those committed by a series of act in a lengthy space of time.

4. As to the place on location of the commission

a. STATIC CRIMES
- Those committed in only one place.
b. CONTINUING CRIMES
- Those that can be committed several places.

5. As to the use of mental faculties

a. RATIONAL
- Those committed with intention and offender us in full possession of his sanity.
b. IRRATIONAL
- Those committed by persons who do not know the nature and quality of his act on account of the
disease on the mind.

6. As to the type of offenders

a. WHITE COLLAR CRIMES
- Those committed by person of respectability and of upper socio economic class in the course of
their occupational activities.
b. BLUE COLLAR CRIMES
- Those committed by ordinary professional criminal to maintain their livelihood.

7. As to the standard of living of the criminals

a. CRIMES OF THE UPPER WORLD
- Those are committed by individuals belonging to the upper class of society.
b. CRIMES OF THE UNDER WORLD
- Those are committed by members of the lower or under privilege class of society.
Other classes of Crimes
a. Crimes by Imitation
b. Crimes by Passion
c. Crimes by Service
LEGAL CLASSIFICATION OF CRIMES
a. According to the degree or severity of the offense
a. Felonies
- These are the acts and omissions punishable by law. Generally, a felony is a relatively serious
offense punishable by death, a fine or confinement in a national prison for more than one year.
b. Misdemeanors
- They are minor offenses that are punishable by no more than fine and / or one year imprisonment,
typically in a local jail.

b. According to the nature of the acts prohibited

a. Mala in se
- The term means "evil in itself." They crimes that are “wrong in themselves." They are characterized
by universality and timelessness, that is, they are considered crimes everywhere and have been
crimes at all times. For example: murder, rape and robbery
b. Mala prohibita
- This means wrong because it prohibited." They are offenses that are illegal because laws define
them as such. They lack universality and timelessness. For example: gambling, trespassing,
prostitution, dynamite fishing, illegal logging, and illegal possession of firearms.

c. As to the manner crimes are committed

a. by means of dolo or deceit
- When the act was done with deliberate intent.
b. by means of culpa or fault
- When the wrongful act results from imprudence, negligence lack of foresight or lack of skill.

d. As to the stages in the commission of crime

a. ATTEMPTED CRIMES
- When the offender commences the commission of a felony directly by overt acts and does not
perform all the acts of execution which could produce the felony by reason of some causes or
accident other that his own spontaneous desistance.

b. FRUSTRATED CRIMES
- When the offender has performed all the acts of execution which could produce the felony by
reason of some causes or accident other than his own spontaneous desistance.

c. CONSUMATED CRIMES
- When all the elements necessary for its execution and accomplishment are all present.

e. As to the plurality of crimes

a. SIMPLE CRIMES
- When a single act constitute only one offense.
b. COMPLEX CRIME
- When a single act constitute two or more grave felonies or when an offense is a necessary means
for committing the other.

f. As to the Gravity of offense in penalties/penalty

a. GRAVE FELONIES
- Those in which the law attaches the capital punishment or afflictive penalties.
b. LESS GRAVE FELONIES
- Those in which the law punishes with penalties which are correctional in nature.
c. LIGHT FELONIES
 - Those infractions of law for the commission of which the penalty of arrests minor or a fine not
exceeding 200 pesos are impost.

Entire Minimum Medium Maximum

Name Type Accessory penalties
length length length length

Perpetual absolute
disqualification and that of civil
Death Capital Not applied; commuted to reclusion perpetua.
interdiction during thirty years
following the date of sentence

Reclusión
20 years and 1 day to 40 years[7]
perpetua
Civil interdiction for life or
during the period of the
14 years sentence as the case may be,
12 years
12 years and 8 17 years and perpetual absolute
and one
Reclusión and one months to and 4 disqualification
day to 14
temporal day to 17 years months to
years and 8
20 years and 4 20 years
Afflictive months
months

 If disqualification is
imposed, 12 years and 1
6 years 8 years day
6 years and 10 years
Prisión and one and 1 day  Temporary absolute
1 day to 8 and 1 day
mayor day to to 10 disqualification and that of
years to 12 years
12 years years perpetual special
disqualification from the
right of suffrage
Correctiona Suspension from public office,
l from the right to follow a
profession or calling, and that
Prisión of perpetual special
correccional disqualification from the right
of suffrage, if the duration of
said imprisonment shall
2 years, 4 exceed eighteen months.
6 6 months
months 4 years, 2
months and 1 day If suspension is imposed, 6
Suspension and 1 day months and
and one to 2 years years
to 4 years 1 day to 6
day to 6 and 4
and 2 years Any person sentenced to
years months
months destierro shall not be permitted
to enter the place or places
designated in the sentence,
Destierro nor within the radius therein
specified, which shall be not
more than 250 and not less
than 25 kilometers from the
place designated.
Arresto 1 month 1 month to 2 months 4 months Suspension of the right to hold
mayor and 1 2 months and 1 day and 1 day office and the right of suffrage
day to 6 to 4 to 6 months during the term of the
months months sentence
Arresto 1 day to 1 day to 10 11 days to 21 days to
Light
menor 30 days days 20 days 30 days

g. As to the basis of Criminal Act

a. Crimes against honor
b. Crimes against person
c. Crimes against property
d. Crimes against chastity
e. Crime against public order