Module II

Introduction to Criminology

Prepared by: JIM N. YAPYAPEN

Instructor

Checked by: MARK P. CIANO

Dean, SCJPS

Noted by: TROFIMA M. PANGONILO, Ed.D.

V.P Academics

Approved by: JOSSETTE Y. PEREZ-DAES, RN

PRESIDENT/CHAIRWOMAN
 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY (SCJPS)
NOTES ON Introduction to Criminology
EDITED AND COMPILED BY: JIM N. YAPYAPEN

Learning Module: Lesson 2 / Activity Sheet2

Introduction to Criminology

General Instruction:
1. Read and analyze the module from lesson 2,
2. Cross reference from other books or internet sources,
3. Activity sheet 2 are given at the end of the module it should be answered in a given span of time,

Lesson 01: FUNDAMENTAL STUDY OF CRIMINAL LAW

A. DEFINITION
Criminal or Penal Law is that branch of public law which defines, crime, treat of their nature, and provides
for their punishment.

NOTE: The Revised Penal Code is the book that contains the Philippines Criminal Law and likewise, it is embodied
in different special laws and decrees which are penal in nature.

January 1, 1932 – effectivity of the Revised Penal Code

B. PRINCIPAL PARTS OF REVISED PENAL CODE

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.

C. CHARACTERISTICS OF CRIMINAL LAW

1. It is general in application
The provisions of the criminal or penal law must be applied equally to all persons within the
territory irrespective of sex, race, nationality, and other personal circumstances, its certain exceptions such as;
a. Heads of state or country
b. Foreign diplomats, ambassadors who are dully accredited to a country.
c. Foreign troops permitted to march within a territory.
2. It is territorial in character
As the part of the right of a state to self-preservation, each dependent country has the
right to promulgate laws enforceable within its territorial jurisdiction subject only to the limitations
imposed by treatise of preferential application and by the operation of international law of nation. In the
Philippines, the Revised Penal Code is applicable only to the areas within the Philippine territorial
jurisdiction such as:
a. Philippine Archipelago – this includes all the islands that comprise the Philippines.
b. Atmosphere water- all bodies of water that connect all the islands such as bay, rivers and
streams.
c. Maritime zone – the three (3) mile limit beyond our shore measured at low tide.

EXCEPTION TO THE TERRITORIAL CHARACTER OF THE REVISED PENAL CODE:

The Revised Penal Code shall be applicable to all cases committed outside the Philippine
Territorial jurisdiction under the following circumstances – Article 2, RPC;
a. Should commit an offense while on a Philippine ship or airship;
b. Should forge or counterfeit any coin or currency note of the Philippine Island or obligations
and securities issued by the government of the Philippine Island;
c. Should be liable for acts connected with the introduction into this Islands of the obligations
and securities mentioned in the proceeding number;
 d. While being a public officers or employees, should commit an offense in the exercise of their
functions.
e. Should commit any of the crimes against national security and law of nations, defined in Title
One of Book Two of this Code (Rev. Penal Code)
On the other hand, even if the crimes or felonies are committed within the Philippines territory,
the Revised Penal Code is NOT applicable under the following conditions or by reason of;
a. Provisions of treaty such as the Philippine United States Bases Agreement
b. Operation of International Law under the principle of reciprocity.

3. It is specific and definite

Criminal law must be given a strict definition of specific act which constitutes an offense. Where
there is doubt as to whether a definition embodied in the Revised Penal Code applies to the accused or
not, the judge is obligate to decide the case in favor of the accused. Criminal law must be construed
liberally in favor of the accused and strictly against the state.
4. It is uniform in application
An act describe a crime is a crime no matter who committed it, wherever committed. No
exception must be made as to the criminal liability. The definition of crimes together with the
corresponding punishment must be uniformly, construed although there may be differential enforcement
of a given specific provision of the penal law.
5. It must be prospective
No person can be punished for his act which at the time he did it is not yet punishable by law.
However, penal laws may be given retroactive effect when it is favorable to the accused who is not
habitual delinquent. (Art. 22, RFC)
6. There must be a penal sanction or punishment
Penal sanction is the most essential part of the definition of the crime. If there is no penalty to a
prohibited act, its enforcement will almost be impossible. The penalty is acting as a deterrence, retribution
and as a measure of self-defense of the state to protect society from the threat and wrong inflicted by the
criminal.

D. TWO IMPORTANT THEORIES IN CRIMINAL LAW

1. The Classical Theory – Characteristics:
a. The basis of criminal liability is human free will and the purpose of the penalty is retribution.
b. That man is essentially a moral creature with an absolutely free will to choose between good
evil, thereby placing more stress upon the effect or result of the felonious act than upon the man, the
criminal himself.
c. It has endeavored to establish a mechanical and direct proportion between crime and penalty.
d. There is a scant regard to the human element.
2. The Positive Theory – Characteristics:
a. that man is subdued occasionally by a strange and morbid phenomenon which constrains him
to do wrong, in spite of or contrary to his violation.
b. that crime is essentially a social and natural phenomenon, and as such, it cannot be treated and
checked by the application of abstract principles of law and jurisprudence nor by the imposition of a
punishment, fixed and determined a prior; but rather through the enforcement of individual measures in
each particular case after a thorough, personal and individual investigation conducted by a competent
body of psychiatrists and social scientists.

SOME THEORIES AS TO THE ORIGIN OF CRIMINAL LAW

1. That criminal law originated from private wrong of 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.

STUDY OF FELONIES AND CRIMES

A. DEFINITION
Crime is defined as an act committed or omitted violation of a public law forbidding or commanding it.
Crime is also defined as an act that violates the law of the nation.
Felonies are acts and omissions punishable by law. They are committed not only by means of deceit
(dolo) but also by means of fault (culpa) (Art. 3, RPC)

B. ELEMENTS OF FELONY
1. There must be an act or omission
2. The act of omission must be voluntary
3. It must be punishable by law
C. LEGAL CLASSIFICATION OF CRIMES OF FELONY
1. 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.
2. As to the stage of 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 than this own spontaneous desistance.
b. Frustrated crimes – when the offender has performed all the acts of execution which will
produce the felony, as a consequence but which nevertheless, do not produce the felony be
reason of causes independent of the will of the perpetrator.
c. Consummated crime – when all the elements necessary for its execution and accomplishment
are all present.
3. As to the plurality of crimes:
a. Simple crime – when a single act constitutes only one offense.
b. Complex crimes – when a single act constitutes two or more grave felonies or when an offense
is a necessary means for committing the other.
4. As to the gravity of penalty or offense:
a. Grave felonies – those which the law attaches the capital punishment or afflictive penalties.
b. Less grave felonies – those 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 arrest to
mayor or a fine not exceeding 200 pesos are imposed.
5. As to the basis of criminal act:
a. Crimes against person such as murder, homicide, etc.
b. Crimes against property such as theft, robbery, etc.
c. Crimes against chastity such as rape, seduction, etc.
d. Crimes against public order such as rebellion.

D. CRIMINOLOGY CLASSIFICATION OF CRIMES

1. As to the result of crimes:
a. Acquisitive crime – when the offender acquires something as a consequence of his criminal act.
b. Extinctive crime – when the end result of a criminal act is destructive.
2. As to the time or period committed:
a. Seasonal crime – those committed only during a certain period of the year like violation of tax
law.
b. Situational crime – those committed only when given the situation conducive to its
commission.
3. As to the length of time committed:
a. Instant crimes – those committed in the shortest possible time.
b. Episodal crimes – those committed by a series of act in the lengthy space of time.
4. As to the place of location of the commission:
a. Static crimes – those committed in only one place.
b. Continuing crime – those that can be committed several places.
5. As to the use of mental faculties:
a. Rational crimes – those committed with intention and offender is in full possession of his sanity.
b. Irrational crimes – those committed by persons who do not know the nature and quality of his
act on account of the disease of the mind.
6. As to the type of offenders:
a. White collar crimes – those committed by a 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 – falsification cases
b. Crimes of the underworld – bag snatching
E. WHEN DOES CRIME EXIST?
In the legal viewpoint crime exist when the person has been proven guilty by the court. The main
objective to this view in that there is a terrific morality of cases between the times a crime has been reported up to
the time a verdict of conviction is made by the court.
In the scientific point of view, crime exists when it is reported. This is more realistic but not all reported
cases are with sound basis of true happening. Some of them are also unfounded.

F. SOME DISTINCTIONS
 Between Crime and Sin:
1. Crime is an act or commission against a penal law of a state while sin is an act or omission
against the spiritual or divine law.
Between Crime and Immorality:
1. Crime is a committed against the law of the state while immorality is committed against the
unwritten social norms in a locality.
2. Crime is fixed by statute, while immorality is not.
3. Crime is nationalistic while immorality is regionalistic.

G. WHY MUST MEMBERS OF SOCIETY BY INTERESTED IN CRIME?

1. Crime is pervasive – Almost all members of a free society are once upon a time a victim or an offender
of a criminal act. Crime as an associate of society affects almost all people – regardless of age, sex, race,
nationality, religion, financial condition, education and other personal circumstances.
2. Crime is expensive – The government and private sector spend an enormous amount of money or
crime detection, prosecution, correction and prevention. Those expenses are other:
a. Direct expenses – Those spent by the government or private sector for the maintenance or
police and security guards for crime detection, prosecution, and judiciary, support of prison systems.
b. Indirect expenses – Those expenses utilized to prevent the commission of crimes like
construction of window grills, fences, gate, purchase of door locks safety vaults, hiring of watchmen,
feeding of watchdog, etc.
3. Crime is destruction – many lives had been lost because of crimes like murder, homicide and other
violent deaths. Properties has been lost or destroyed on account of robbery, theft and arson.
4. Crime is reflective – Crime rate of incidence in a given locality is reflective of the effectiveness of the
social defenses employed by the people – primarily of the police system.
5. Crime is progressive – the progressive increase in the volume of crime is on account of the ever
increasing of population. The ever increasing rate and their technique show the progressive thinking of
the society for advancement.

NAME_________________________________________ DATE PERFORMED______________

GROUP NO.___________ SCHEDULE______________ RATING_______________________
Activity 2: FUNDAMENTAL STUDY OF CRIMINAL LAW

1. Explain the classification of crime according to the stages of commission of the crime, 10 points and a
minimum of 8 sentences;

2. Explain the elements of felony; 10 points and a minimum of 5 sentences;

3 Explain the characteristics of Criminal Law 10 points 8 sentences: