NAME: Abbah T.

Bantao
Subject: Criminal Law Book 2

1. What is meant by the Latin maxim “Nullum crimen, nulla poena sine lege”?
“Nullum crimen, nulla poena sinelege” means that there is no crime if no law
punishes it. Simply put, if there is no criminal law, there will be no crime. Because,
according to the Revised Penal Code, Article 21. Penalties that could be imposed. —
Prior to its commission, no felony shall be punishable by any penalty other than that
prescribed by law.

2. What is the reason for the rule that a crime should be defined only by the
statute?
Because of its jurisdiction, crime should be defined solely by statute. A statute is
a rule or law that has been made by a government or other organization and formally
written down, implying that the statute is the standard or guideline for all state rules and
laws.

3. Why is the requirement the “crimes be defined with appropriate definiteness”

“an essential element of due process of law”?
Due process of law requires that crimes be defined with appropriate definiteness.
The underlying concept is that everyone has a right to know what the state commands
or forbids, and no one should be forced to speculate on the meaning of penal statutes at
the risk of losing their life, liberty, or property.

4. Aside from supplying the mens rea requirement of the crime, what must the
criminal statute also provide?
Crime is defined as behavior deserving of punishment, whether by act or
omission, by statutory or common law. The components of a crime are usually provided
by statutes, but they can also be provided by state common law. It necessitates the
presence of criminal intent as well as the commission of a criminal offense.

5. According to the Supreme Court, what generally furnishes the elements of

each crime under the Revised Penal Code?
A criminal act, criminal intent, concurrence, causation, harm, and accompanying
circumstances are the elements of a crime. Crimes are divided into elements that the
prosecution must prove beyond a reasonable doubt. Criminal elements are defined by
criminal statutes or cases in jurisdictions where common-law crimes are allowed.
Except in rare cases, every crime consists of at least three elements: a criminal act,
also known as actus reus; a criminal intent, also known as mens rea; and the
concurrence of the two.
6. Who bears the burden to establish the guilt of the accused beyond reasonable
doubt? In discharging such burden, what is its duty?
The prosecution is responsible for proving the defendant's guilt beyond a
reasonable doubt. This appears to mean that the prosecution should indeed persuade
the jury that the evidence presented in court cannot be explained in any other way. The
Prosecution's duty in carrying out this burden is to prove each and every element of the
crime imposed in the information in order to guarantee a finding of guilt for that violence
or any other crime.

7. Why is it important for Criminology students to know the elements of each

crime penalized under Revised Penal Code?
As future law enforcers, we must be familiar with the elements of crime because
they are considered necessary in constructing criminal responsibility, and it is our future
role and responsibility to identify violent offenses. It will be a huge benefit to
have knowledge on the subject to maximize our utmost potential in our future endeavor.

8. Give five examples of crimes against national security and the law of nations.
 Treason
 Conspiracy and proposal to commit treason
 Correspondence with hostile country
 Qualified piracy
 Inciting to war or giving motives for reprisals

9. What are the elements of crime of treason?

Elements of Treason: (1) Offender is a Filipino citizen or resident alien; (2) There
is a war in which the Philippines is involved; (3) Offender either (a) declares war on the
administration or (b) aids and comforts her enemies.

10. Why is the crime of treason being punished?

Because treason is the crime of betraying the nation through actions that are
deemed dangerous to the security of the people who live in that country. It faces
punishment for threatening violence against another country.

11. What are the two modes of committing treason?

Levying war and confession of guilt by the accused in open court

12. What are the elements of violation of neutrality?

(1) There is a war in which the Philippines is not involved; (2) There is a
regulation issued by a competent authority to enforce neutrality; (3) The offender
violates the regulation.
13. What are the elements of the flight to enemy’s country?
Elements of Flight to the Enemy's Country: (1) There is a war in which the
Philippines is involved; (2) The offender must owe allegiance to the government; (3) The
offender tries to escape or travel to an enemy country; and (4) Travel to the enemy
country is barred by appropriate authority.

14. What are the elements of piracy?

Elements of piracy include: (1) The vessel is on the high seas or in Philippine
waters; (2) Offenders are neither members of the vessel's complement nor passengers;
(3) Offender either: (a) attach or seize a vessel on the high seas or in Philippine waters;
(b) seize the whole or part of the cargo of said vessel, its equipment, or personal
belongings while on the high seas or in Philippine waters;

15. What are the elements of mutiny?

Elements of munity include : (1) The vessel is on the high seas or in Philippine
waters; (2) Offenders are representatives of its augment or commuters on the vessel;
(3) Offender either: (a) securely connect or seize a vessel on the high seas or in
Philippine waters; (b) seize the whole or part of the cargo of said vessel, its equipment,
or personal belongings in the vessel while on the high seas or in Philippine waters;

16. Give five examples of crimes against the fundamental law of the state.
 Delaying release
 Expulsion
 Violation of domicile
 Delay in delivery of detained persons to proper judicial authorities
 Search warrants maliciously obtained and abuse legally obtained
REFERENCES
https://www.academia.edu/22957597/ELEMENTS_OF_FELONIES_IN_THE_RE
VISED_PENAL_CODE_AND_THEIR_PENALTIES

https://www.law.cornell.edu/wex/crime

https://courses.lumenlearning.com/suny-criminallaw/chapter/4-1-criminal-
elements/#:~:text=The%20elements%20of%20a%20crime%20are%20criminal
%20act%2C%20criminal%20intent,elements%20of%20causation%20and
%20harm

https://courses.lumenlearning.com/suny-criminallaw/chapter/4-1-criminal-
elements/