Criminal Law 1

General Principles of Criminal Law

Nature and Definition

As to nature: Criminal law is substantive in character; it defines

crimes, treats of their nature and provides for their punishment

Criminal law is that branch or division of law which defines crimes,

treats of their nature, and provides for their punishment. (12 Cyc. 129)
[Reyes RPC]

Prospective [Effects of Repeal]

Laws shall have retroactive effect insofar as they favor the person
guilty of a felony, who is not a habitual criminal

Habitual delinquency
(a) Upon the third conviction, the culprit shall be sentenced to the
penalty provided by law for the last crime of which he be found
guilty and to the additional penalty of prision correccional in
its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the
penalty provided for the last crime of which he be found guilty
and to the additional penalty of prision mayor in its minimum
and medium periods; and
(c) Upon a fifth of additional conviction, the culprit shall be
sentenced to the penalty provided for the last crime of which he
be found guilty and to the additional penalty of prision mayor
in its maximum period to reclusion temporal in its minimum
period