INTRODUCTION TO CRIMINOLOGY

CRIMINOLOGY defined

 CRIMINOLOGY
 “A BODY OF KNOWLEDGE REGARDING CRIME AS A SOCIAL PHENOMENON. IT
INCLUDES WITHIN ITS SCOPE, THE PROCESS OF MAKING OF LAWS, THE BREAKING
OF LAWS AND THE REACTION TOWARDS THE BREAKING OF LAWS” (Sutherland)

Origin of the word “Criminology”

 Latin word “crimen” meaning crime and Greek word “Logos” which means “to study”.
 Rafael Garofalo, “criminologia”, Paul Topinard, “criminologie”

Sub-Fields of Criminology

Sociological Criminology – the study of crime focused on the group of people and society as a
whole. It is primarily based on the examination of the relationship of demographic and group variables
to crime. Variables such as socioeconomic status, interpersonal relationships, age, race, gender, and
cultural groups of people are probed in relation to the environmental factors that are most conducive to
criminal action, such as time, place, and circumstances surrounding the crime.

Psychological Criminology – the science of behavior and mental processes of the criminal. It is
focused on the individual criminal behavior-how it is acquired, evoked, maintained, and modified. Both
the environmental and personality influences are considered, along with the mental processes that
mediate the behavior.

Psychiatric Criminology – also known as forensic psychiatry, the study of criminal behavior in
terms of motives and drives that strongly relies on the individual. (Psychoanalytic Theory - Sigmund
Freud – traditional view). It also explains that criminals are acting out of uncontrollable animalistic,
unconscious, or biological urges (modern view).

Principal Division of Criminology

1. Criminal Etiology - the scientific analysis of the causes of crime;

2. Sociology of Law - the study of law and its application;
3. Penology or Correction - the study that deals with punishment and the treatment of criminals;
4. Victimology – the study of the role and/or participation of the victim in the development and
commission of a crime.
5. Criminalistics–the application of scientific methods to the recognition, collection, identification,
and comparison of physical evidence generated by criminal or illegal civil activity.

Different areas associated with the study of Criminology

 criminal demography – the study of the relationship between criminality and population
 criminal epidemiology – the study of the relationship between environment and criminality
 criminal ecology – the study of criminality in relation to the spatial distribution in a community
 criminal anthropology – the study of criminality in relation to the physical constitution of men
 criminal psychology – the study of human behavior in relation to criminality
 criminal psychiatry – the study of the human mind in relation to criminality
 victimology – the study of the role of the victim in the commission of a crime
Nature of Criminology

Understanding crime is as complex as other fields of interest. It requires therefore systematic

and balanced knowledge in the examination of why they exist. In this sense, criminology is:

1. Applied Science – It is considered an applied science because of the following studies

regarding the causes of crime such as anthropology, psychology, sociology, and other natural
sciences.
2. A Social Science – In as much as crime is a societal creation and it exists in a society, its study
must be considered a part of social science.
3. Dynamic – Criminology changes as social condition changes. That means the progress of
criminology is concordant with the advancement of other sciences that have been applied to it.
4. Nationalistic – The study of crime must always be in relation with the existing criminal law
within the territory.

 Criminology in the Philippines

 Philippine College of Criminology – first-ever educational institution offering criminology course
 PEACE in Criminology – Philippine Educators Association for Criminology Education
- whose primary objective is to professionalize criminology education in the context of
national development
- Dean Cirilo M Tradio – President & Founder of “PEACE”

 PCAP – Professional Criminologist Association of the Philippines – a legitimate organization of

criminologists
 RA 11131 – The Philippine Criminology Profession Act of 2018. It is an act regulating the practice
of the criminology profession in the Philippines, and appropriating funds thereof, repealing for the
purpose RA 6506, otherwise known as “an act creating the board of examiners for criminologists in
the Philippines.
 Registered Criminologist - any person who is a graduate of the Degree of Criminology, who has
passed the examination for criminologists and is registered as such by the Board of Examiners of
the Professional Regulation Commission (PRC).
 Registered Criminologists shall enjoy priority of appointment and shall not be required to take any
qualifying or entrance examination in the NBI, PNP, or BJMP.BFP, LTO, and other government
positions related to criminology.
 Board for Criminologists - a collegial body under the administrative supervision and control of the
Professional Regulation Commission (PRC) to be composed of a chairperson and four members
appointed by the President. Each will hold office for three years.

CRIME
  An act or omission in violation of criminal law from its legal point of view.
 CRIME is also a generic name that refers to offense, felony, and delinquency or misdemeanor.

Criminological Classification of Crime

Crimes are classified in order to focus on a better understanding of their existence. Criminologists
consider the following as the criminological classification of crimes (Criminology Reviewer, 1996).

 Acquisitive and Extinctive Crimes - Acquisitive Crime is one in which when committed,
the offender acquires something as a consequence of his criminal act. The crime is extinctive
when the result of a criminal act is destruction.
 Seasonal and Situational Crimes - Seasonal crimes are those that are committed only at a
certain period of the year while situational crimes are those that are committed only when given
a situation conducive to its commission .
 Episodic and Instant Crimes - Episodic crimes are serial crimes; they are committed by a series
of acts within a lengthy space of time . Instant crimes are those that are committed in the
shortest possible time.
 Static and Continuing Crimes - Static crimes are crimes that are committed only in one place.
Continuing crimes are crimes that are committed in several places.
 Rational and Irrational Crimes - Rational crimes are those committed with intent; the offender is
in full possession of his mental faculties /capabilities while Irrational crimes are committed
without intent; the offender does not know the nature of his act.
 White Collar and Blue-Collar Crimes - White Collar Crimes are those committed by a person of
responsibility and of upper socio-economic class in the course of their occupational activities.
Blue Collar Crimes are those committed by ordinary professionals to maintain their livelihood.
 Upper World and Underworld Crimes - Upper World Crimes are those committed by individuals
belonging to the upper class of society. Under World Crimes are committed by members of the
lower or under privilege class of society .
 Crimes by Imitation and Crimes by Passion - Crimes by Imitation are crimes committed by
mere duplication of what was done by others. Crimes by Passion are crimes committed
because of the fit of great emotions.
 Service Crimes - Service Crime refers to crimes committed through a rendition of a service to
satisfy the desire of another.

LEGAL CLASSIFICATION OF CRIMES:

1. According to the law violated

a. Felony –an act or omission that is punishable by the Revised Penal Code, the
criminal law in the Philippines.
b. Offense – is an act or omission that is punishable by special laws (a special law is
a statute enacted by Congress, penal in character, which is not an amendment to
the Revised Penal Code) such as Republic Acts, Presidential Decrees, Executive
Orders, Memorandum Circulars, Ordinances, and Rules and Regulations
c. Delinquency/Misdemeanor – acts that are in violation of simple rules and
regulations usually referring to acts committed by minor offenders.
d. Infraction – an act or omission in violation of a city or municipal ordinance

2. According to the manner of committing a crime:

 a. By means of dolo or deceit – if the crime is committed with deliberate intent. Thus,
it is called intentional felony.
 freedom or voluntariness
 intelligence
 intent
b. By means of culpa or fault - felonies committed by means of culpa (fault) - the act
or omission of the offender is not malicious and the injury caused by the offender is
unintentional, it is simply the incident of another act performed without malice
 lack of foresight
 lack of skill
 negligence
 imprudence

3. According to the stages in the commission:

a. Attempted – the crime is attempted when the offender commences the commission
of a felony directly or overtly acts and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other than
his own spontaneous desistance.
b. Frustrated - when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless do not produce it by
reason of causes independent of the will of the perpetrator .
c. Consummated - when all the elements necessary for its accomplishment and
execution are present

4. According to plurality:

The plurality of crimes may be in the form of:

Types of Complex Crime:
(1) Compound crime (delito compuesto)
(2) Complex crime proper (delito complejo); and
(3) Special Complex Crime (composite crime)
 
 A COMPOUND CRIME is one where a single act produces two or more crimes.
 A COMPLEX CRIME PROPER strictly speaking is one where the offender has to
commit an offense as a necessary means for the commission of another offense.
“Necessary” should not be understood as indispensable, otherwise, it shall be
considered absorbed and not giving rise to a complex crime.
- Note the requisites for there to be a complex crime: (1) crimes were committed
as a necessary means for committing the other, (2) the crimes resulted from
different acts committed under a single criminal resolution, and (3) crimes
committed were punishable by the Revised Penal Code.
 A COMPOSITE CRIME is one in which substance is made up of more than one crime,
but which in the eyes of the law only a single indivisible offense is.
 Examples are robbery with homicide, robbery with rape, and rape with homicide.
These are crimes which in the eyes of the law are regarded only as a single indivisible
offense.
 
5. According to gravity:
a. Grave felonies - are those to which the law attaches capital punishment or
penalties which in any of their period are afflictive
b. Less grave felonies - are those which the law punishes with penalties which in their
maximum period are correctional
c. Light felonies - are infractions of laws for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos or both is provided

6. According to the nature of the act:

a. Crimes mala in se – are acts that are inherently evil
Examples are murder, robbery, etc.
b. Crimes mala prohibita – are acts which are prohibited only because there are laws
forbidding such acts.
Examples are Illegal Possession of firearms, Traffic Violations, etc.

THE CRIMINAL

Criminological Classification of Criminals

Based on Etiology
 Acute Criminal is one who violates a criminal law because of the impulse or fit of passion . They
commit passionate crimes.
 Chronic Criminal is one who commits a crime acting in consonance of deliberated thinking . He
plans the crime ahead of time. They are the targeted offenders.

Based on Behavioral System

 Ordinary Criminal is considered the lowest form of criminal in a criminal career. He doesn’t stick
to crime as a profession but rather is pushed to commit crimes due to great opportunity.
 Organized Criminal is one who associates himself with other criminals to earn a high degree of
organization to enable them to commit crimes easily without being detected by authorities.
They commit organized crimes.
 Professional Criminal is a person who is engaged in criminal activities with a high degree of
skill. He is usually one who practices crime as a profession to maintain a living.

Based on Activities

 Professional Criminals are those who practice crime as a profession for a living . Criminal
activity is constant in order to earn skill and develop ability in their commission.
 Accidental Criminals are those who commit crimes when the situation is conducive to its
commission.
 Habitual Criminals are those who continue to commit crime because of deficiency of
intelligence and lack of self – control
Based on Mental Attitudes
 Active Criminals are those who commit crimes due to aggressiveness.
  Passive Inadequate Criminals are those who commit crimes because they are pushed to it by
reward or promise.
 Socialized Delinquents are criminals who are normal in behavior but defective in their
socialization process or development.

Based on Legal Classification (according to RPC)

 Recidivist
- Convicted by final judgment of the first crime
- Committed another crime after serving the sentence of the first crime
- The first and second crime must be embraced in the same title (Crimes against person,
property etc) of the RPC
 Quasi Recidivist
- Convicted by final judgment of the first crime
- Committed another crime before and during serving the sentence inside the jail or
prison
 Habitual Delinquent – is one who within the period of ten years from the date of his release or
last conviction of the crimes of serious or less serious physical injuries, robbery, estafa or
falsification is found guilty of any of the said crimes for the third time or oftener.
 Reiteration/Habituality
- Convicted by final judgment of the first crime
- Committed another crime after serving the sentence of the first crime
- The first and second crimes must not be embraced in the same title (Crimes against
person, property etc) of the RPC

OTHER CLASSIFICATIONS OF CRIMES

a. Traditional Crime-committed every now and then
b. Victimless Crime-act committed by consenting persons in private, there is no intended victim.
c. Index Crime-are crimes that are serious in nature and which occur with sufficient frequency and
regularity such that they can serve as an index to the crime situation in the Philippines.
 It is important to note that Frustrated Murder and Homicide were removed under the
category of physical injury, Further, Cattle Rustling was omitted as one of the INDEX
CRIMES.
 INDEX CRIMES refers to the CONSUMMATED eight (8) focus crimes (Frustrated and
Attempted Stages are excluded) and eight (8) special complex crimes as defined by the
Revised Penal Code.

1) Murder
2) Homicide
3) Physical Injuries - including Less and Serious Physical Injuries
4) Rape
5) Robbery
6) Theft
7) Carnapping of Motor Vehicles
8) Carnapping of Motor Cycles

 8) Eight (8) Special Complex Crime (composite crimes)

 Special Complex Crimes (known as Composite or Single Indivisible Crime) is one
composed of two or more crimes but is specifically defined, treated, and punished under
the Revised Penal Code (RPC) as a single indivisible offense.

The same shall be recorded as follows:

1) Rape with Homicide
2) Kidnapping with Homicide
3) Kidnapping with Rape
4) Robbery with Homicide
5) Robbery with Serious Physical Injury
6) Robbery with Rape
7) Robbery with Arson
8) Arson with Homicide

d. Non-Index Crimes include violation of Special Laws and RPC that are NOT categorized as index
crimes. EXCLUDED herein are Reckless Imprudence, Vehicular Incidents, and Other Quasi-
Offenses under the provision of RPC.
e. Other Quasi-Offenses Culpable felonies as a product of negligence, imprudence, lack of skill,
and/or lack of foresight punishable under Art 365 of the RPC other than vehicular incidents.

Total Crime Incidents (TCI)

 This pertains to the number of crime incidents committed in a given area over a period of
time that are reported and recorded in the police blotter.
 It does not include crime incidents that are reported to the barangays and Other Law
Enforcement Agencies (OLEA);
 Under the TOTAL CRIME INCIDENTS are two classifications: the PEACE AND ORDER
INDEX; and the PUBLIC SAFETY INDEX.
 Peace and Order Index, an index which categorizes crime incidents that reflect the true
picture of crime, and the peace and order situation of a particular community. This
comprises the totality of Index and Non-Index Crimes.
 Public Safety Index, is a classification created under the new policy, to provide a separate
and distinct accounting of Vehicular Incidents cases such as RIR in Homicide, Physical
Injury, and Damage to Property. Which comprised almost 50% of the Total Crime Volume
of the Philippines.
- This is an index that categorizes incidents and culpable felonies that reflect the
public safety situation of a particular community. This comprises the totality of
vehicular incidents and other quasi-offenses punishable under the RPC.
-
f. Total Crime Incidents = Peace and Order Index + Public Safety Index
g. Average Monthly Crime Rate = [(Total Crime Incidents / populations) x 100,000 populace] / number
of months]
h. Crime Solution Efficiency = (Crime Solved/Crime Volume) x100%

CRIMINAL LAW
 - is that branch of public law that defines crimes treats their nature and provides for their
punishment.
EVOLUTION OF CRIMINAL LAWS
A. PREHISTORIC CRIME AND PUNISHMENT
 Primitive Tribes
- punishment may be in the form of ostracism (banishment) and expulsion
- adultery may be punished by the aggrieved husband who may kill the adulterer and his own
offending wife
- crime may be avenged by the victim himself or by the victim’s family

B. THE EARLY CODES

1. ROME’S TWELVE TABLES

- Roman law began with the Twelve Tables which were written in the middle of the
sixth century BC
- the Twelve Tables were the foundation of all laws in Rome and written in tablets of
bronze
- the Twelve Tables were drafted by the Decemvirs, a body of men composed of
patricians

2. CODE OF DRAKON
- knows as the “ultimate in severity”
- codified by Drakon, the Athenian lawgiver of the seventh century BC

3. LAWS OF SOLON
- Solon was appointed archon and was given legislative powers
- Solon repealed all the laws of the Code of Drakon, except the law on homicide
- Solon was one of the first to see that a lawgiver had to make laws that applied
equally to all citizens and also saw that the law of punishment had to maintain
proportionality to the crimes committed

4. THE HITTITES
- The Hittite laws, also known as the Code of the Nesilim, constitute an ancient legal
code.
- The Hittite laws have been preserved on a number of Hittite cuneiform tablets
found at Hattusa (CTH 291-292, listing 200 laws). (1650–1100 BCE).

5. CODE OF HAMMURABI
- Hammurabi, the king of Babylon during the eighteenth-century BC, is recognized
as the first codifier of laws
- it provides the first comprehensive view of the laws in the early days
- the Code was carved in stone
- - the “law of talion-lex tallionis”, or the principle of “tit for tat”, (an eye for an eye,
tooth for a tooth) appears throughout the Code
- - under the principle of the law of talion, the punishment should be the same as the
harm inflicted on the victim

THEORIES IN CRIMINAL LAW

1. Classical (Juristic) Theory- the basis of criminal liability is human free will and the purpose of the
penalty is retribution. Man is a moral creature with an absolute free will to choose between good and
evil.
2. Positivist (Realistic) Theory. Man is subdued occasionally by a strange and morbid phenomenon that
constrains him to do wrong. Crime is a social and natural phenomenon; it cannot be treated therefore
by the application of abstract principles of law or by the imposition of punishment.
Revised Penal Code or Act No. 3815
- book that contains the Philippine Criminal Law and different special laws and decrees which
are penal in nature.
- It is called RPC because the old penal code took effect in the country on July 14, 1887, and
was in force until Dec. 31, 1931
- It was revised by the Committee created by Administrative Order No. 94 of the Department of
Justice, dated Oct. 18, 1927, composed of Anacleto Diaz as Chairman, Alex Reyes and
Mariano de Joya as members.
- The RPC was approved on Dec. 8, 1930 and took effect on January 1, 1932.

Principal Parts of the RPC

- It is composed of two books; book one which is composed of Articles 1-113 and book two
covering Articles 114-367.

a. Articles 1-20 – principles affecting criminal liability

b. Articles 21-113 – penalties including criminal and civil liability
c. Articles 114-367 – felonies

Legal Classification of Crimes

 Crimes against National Security and the Law of Nations -

Examples – Treason, Espionage, Piracy
 Crimes against the Fundamental Law of the State.
Examples – Arbitrary Detention, Violation of Domicile
 Crimes against Public Order.
Examples – Rebellion, Sedition, Coup d’tat
 Crimes against Public Interest.
Examples – Forgery, Falsification, Fraud
 Crimes against Public Morals
Examples – Gambling and betting, offenses against decency and good customs like
scandals, obscenity, vagrancy, and prostitution
 Crimes Committed by Public Officers
Examples – Malfeasance and Misfeasance
 Crimes against Person
Examples – Murder, Rape, Physical Injuries
 Crimes against Properties
Examples – Robbery, Theft

 Crimes Against Personal Liberty and Security

 Examples – Illegal Detention, Kidnapping, Trespass to Dwelling, Threat and Coercion
 Crimes Against Chastity
Examples – Concubinage, Adultery, Seduction, Abduction, Acts of Lasciviousness
 Crimes against Civil Status of Persons
Examples – Bigamy and Other Illegal Marriages
 Crimes against Honor
Examples – Libel, Oral Defamation
 Quasi-offenses or Criminal Negligence
Example – Imprudence and Negligence

Characteristics of the RPC

1. Generality – the law is applicable to all persons within the territory irrespective of sex, race,
nationality, or civil status except:
a. Head of state
b. Foreign diplomats, ambassadors, who are duly accredited to our country
c. Foreign troops permitted to march within the territory

2. Territoriality - the RPC is applicable to felonies committed within the Philippine territorial jurisdiction.
a. Philippine archipelago – all the islands that comprise the Philippines
b. Atmosphere water – all bodies of water that connect all the islands such as bays, rivers,
and streams
c. Maritime zone – the twelve (12) Nautical Mile limit beyond our shore measured at low tide

EXCEPTIONS 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:
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 Philippines;
c. while being a public officer or employee, should commit an offense in the exercise of their
functions
d. should commit any of the crimes against national security and the law of nations

Rules as to crimes committed aboard foreign merchant vessels:

 French Rule – Such crimes are not triable in the courts of that country, unless their commission
affects the peace and security of the territory or the safety of the state is endangered.
 English Rule – Such crimes are triable in that country unless they merely affect things within
the vessel or they refer to the internal management thereof. (This is applicable in the
Philippines)
 Two situations where the foreign country may not apply its criminal law even if a crime was
committed on board a vessel within its territorial waters are:
 1. When the crime is committed in a war vessel of a foreign country because war vessels
are part of the sovereignty of the country to whose naval force they belong;
2. When the foreign country in whose territorial waters the crime was committed adopts
the French Rule, which applies only to merchant’s vessels, except when the crime
committed affects the national security or public order of such foreign country

 US v. BullA – A crime that occurred on board a foreign vessel, which began when the ship was
in a foreign territory and continued when it entered into Philippine waters, is considered a
continuing crime. Hence within the jurisdiction of the local courts.
 As a general rule, the Revised Penal Code governs only when the crime committed pertains to
the exercise of the public official’s functions, those having to do with the discharge of their
duties in a foreign country. The functions contemplated are those, which are, under the law, to
be performed by the public officer in the Foreign Service of the Philippine government in a
foreign country.
 Exception: The Revised Penal Code governs whether the crime was committed within the
Philippine Embassy or the embassy grounds in a foreign country. This is because embassy
grounds are considered an extension of sovereignty.

3. Prospectivity - the provisions of the RPC cannot be applied if the act is not yet punishable on the
time the felony was committed. However, it may have a retroactive effect if it is favorable to the
accused who is not a habitual delinquent.

4. It is specific and definite.

- Criminal law must give a strict definition of a specific act that 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 obligated 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.

5. It is uniform in application
- An act described as a crime is a crime no matter who committed it, wherever committed in the
Philippines, and whenever committed. No exceptions 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 a difference in the enforcement of a given specific provision
of the penal law.

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
and as a measure of self-defense of the state to protect society from the threat and wrong
inflicted by the criminal.
BASIC MAXIMS IN CRIMINAL LAW

 Doctrine of Pro Reo

Whenever a penal law is to be construed (interpreted) or applied and the law admits of two
interpretations – one lenient to the offender and one strict to the offender – that interpretation which is
lenient or favorable to the offender will be adopted

 Nullum crimen, nulla poena sine lege (LOGOMACY)

There is no crime when there is no law punishing the same. This is true in civil law countries, but not in
common law countries. Because of this maxim, there is no common law crime in the Philippines. No
matter how wrongful, evil or bad the act is, if there is no law defining the act, the same is not considered
a crime

 Actus non facit reum, nisi mens sit rea

The act cannot be criminal where the mind is not criminal. This is true to a felony characterized by
dolo, but not a felony resulting from culpa. This maxim is not an absolute one because it is not applied
to culpable felonies, or those that result from negligence

What are the limitations upon the power of Congress to enact penal laws?
 
1. That no person shall be deprived of life, liberty, or property without due process of law;
2. That in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial;
3. That the accused shall be informed of the nature and cause of the accusation;
4. That he be confronted with the witnesses against him
5. That he has a compulsory process for obtaining witnesses in his favor;
6. That he has the assistance of counsel for his defense;
7. That excessive bail shall not be required;
8. That excessive fines imposed, nor cruel and unusual punishment shall not be inflicted;
9. That no person shall be put twice in jeopardy for the same offense;
10. That no person be compelled in any criminal case to be a witness against himself;
11. That the right to be secure against unreasonable searches and seizures shall not be violated;
12. That neither slavery nor involuntary servitude shall exist except as a punishment for crime;
13. That no bill of attainder or ex post facto law shall be passed;
14. That no law shall be passed abridging the freedom of speech or of the press or of the rights of
the people to peaceably assemble and petition the Government for a redress of grievances;
15. That no law shall be made respecting an establishment of religion or prohibiting the free
exercise thereof; and
16. That the free exercise and enjoyment of religious profession and worship without discrimination
or preference shall forever be allowed.