INTRODUCTION TO CRIMINOLOGY

Mhark Andrei M. Morales

RA 6506 – an Act creating the Board of Examiners for Criminologists in the Philippines and other
purposes Approved and became effective on July 1, 1972.

RA 11131- Philippine Criminology Profession Act of 2018

- An act regulating practice of Criminology Professions in the Philippines, and approving funds therefore,
repealing for the purpose of RA 6506

RA 10912 – Continuing Professional Development Act of 2016 (CPD Law)

- the law aims to promote and upgrade the practice of professions in the country and to continuously
improve the competence of professionals in accordance with the international standards of practice.

PROFESSIONAL CRIMINOLOGIST ASSOCIATION OF THE PHILIPPINES (PCAP) – the legitimate organization

of Criminologists recognized by the Professional Regulation Commission.

Philippine Educators Association for Criminology Education (PEACE) – created on January 13-25, 1983
primarily to professionalize criminology education in the context of National development.

Registered Criminologist – refers to a natural person who holds a valid certificate of registration and an
updated professional identification card as criminologist issued by the Board and the Commission
pursuant to RA 11131.

CRIMINOLOGY

according to Edwin H. Sutherland, “criminology is the entire body of knowledge regarding crime as a
social phenomenon. It includes within its scope the process of making of laws, of breaking of laws, and
the society’s reaction towards the breaking of laws.”

refers to the scientific study of crimes, criminals and victims, it also deals with the prevention and
solution of crimes (RA 11131, The Philippine Criminology Act of 2018)

Origin of the word “Criminology

Etymologically, the term criminology came from the Latin word “crimen” meaning accusation and Greek
word “Logia” which means “to study”.

In 1885, Rafael Garofalo, an Italian Law Professor coined the term criminologia.

In 1887, Paul Topinard, French Anthropologist, used the term criminology in French criminologie for the
first time

Sociology – is the mother discipline of Criminology. It is the study of human society, its origin, structure,
functions and direction.
Principal Divisions of Criminology

Etiology of Crimes – the scientific analysis of the causes of crimes and the criminal behavior.

Sociology of Law – refers to the investigation of the nature of criminal law and its administration

Penology – the study of the control of crimes and the rehabilitation of offender

Is criminology a science?

According to George Wilker, criminology cannot become a science because it has not yet acquired
universal validity. Edwin H. Sutherland, the Dean of Modern Criminology, hoped that it will become a
science in the future since the causes of crimes are almost the same which may be biological,
environmental or combination of the two.

Nature of Criminology

1. It is applied science because criminology as a body of knowledge has already established universally
accepted principles and concepts and these are used by other field of study. (INSTRUMENTATION)

2. It is a social science because it studies crime as a social phenomenon. Crime is a social problem which
has a great impact to society.

3. It is dynamic because the concepts of criminology and their applications adapt to the changing time.

4. It is nationalistic because the study of criminology takes into consideration the history, the culture and
the social norms and the laws of the country. Each country has its own set of laws and crimes are
defined by the laws of the country.

Scope in the Study of Criminology

1. Study of the origin and development of criminal law

2. Study of the causes of crimes and development of criminals

3. Study of the other sciences that examine criminal behavior using scientific methods such as:

criminal demography – the study of the relationship between criminality and population

criminal epidiomology – 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 physical anthropology – the study of criminality in relation to physical constitution of men

criminal psychology – the study of human behavior in relation to criminality

criminal psychiatry – the study of human mind in relation to criminality

victimology – the study of the role of the victim in the commission of a crime.

SCHOOLS OF THOUGHT IN CRIMINOLOGY

School of Thought – refers to a group of beliefs or ideas that support a specific theory.

Theory – set of statements devised to explain behavior, events or phenomenon, especially one that has
been repeatedly tested and widely accepted.

DEMONOLOGICAL THEORY - asserts that a person commits wrongful acts due to the fact that he was
possessed by demons.

2. CLASSICAL SCHOOL OF CRIMINOLOGY

The classical school of criminology grew out of a reaction against the barbaric system of law,
punishment and justice that existed. There was no real system of criminal justice in Europe at that time.
Some crimes were specified, some were not. Judges had discretionary power to convict a person for an
act not even legally defined as criminal.

This school of thought is based on the assumption that individuals choose to commit crimes after
weighing the consequences of their actions. According to classical criminologists, individuals have free
will. They can choose legal or illegal means to get what they want, fear of punishment can deter them
from committing crime and society can control behavior by making the pain of punishment greater than
the pleasure of the criminal gains.

This theory, however, does not give any distinction between an adult and a minor or a mentally-
handicapped in as far as free will is concerned. Founders of classical school of criminology are Cesare
Beccaria and Jeremy Bentham.

Cesare Beccaria (Cesare Bonesana Marchese di Beccaria) (1738-1794)

best known for his essay, “On Crimes and Punishment” which presented key ideas on the abolition of
torture as legitimate means of extracting confession.

His book contains almost all modern penal reforms but its greatest contribution was the foundation it
laid for subsequent changes in criminal legislation

his book was influential in the reforms of penal code in France, Russia, Prussia and it influenced the first
ten amendments to the US Constitution

Beccaria believed that:

a. people want to achieve pleasure and avoid pain.

b. Crime provides some pleasure to the criminal.

c. To deter crime, he believed that one must administer pain in an appropriate amount to
counterbalance the pleasure obtain from crime.

d. Famous in sayings “ Let the punishment fit the crime”

HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE CRIMINAL JUSTICE SYSTEM

In forming a human society, men and women sacrifice a portion of their liberty so as to enjoy peace and
security.

Punishments that go beyond the need of preserving the public safety are in their nature unjust.

Criminal laws must be clear and certain. Judges must make uniform judgments in similar crimes.

The law must specify the degree of evidence that will justify the detention of an accused offender prior
to his trial.

Accusations must be public. False accusations should be severely punished.

To torture accused offenders to obtain a confession is inadmissible.

The promptitude of punishment is one of the most effective curbs on crime.

The aim of punishment can only be to prevent the criminal from committing new crimes against his
countrymen, and to keep others from doing likewise. Punishments, therefore, and the method of
inflicting them, should be chosen in due proportion to the crime, so as to make the most lasting
impression on the minds of men…

Capital punishment is inefficacious and its place should be substituted life imprisonment.

It is better to prevent crimes than to punish them. That is the chief purpose of all good legislation.

Jeremy Bentham (1748-1832)

his contribution to classical school of criminology is the concept of utilitarianism and the felicific
calculus.

proposed “Utilitarian Hedonism” which explains that person always acts in such a way to seek pleasure
and avoid pain.

founded the concept of UTILITARIANISM – assumes that all our actions are calculated in accordance
with their likelihood of bringing pleasure and pain

devised the pseudo-mathematical formula called “felicific calculus” which states that individuals are
human calculators who put all the factors into an equation in order to decide whether a particular crime
is worth committing or not

he reasoned that in order to deter individuals from committing crimes, the punishment, or pain, must
be greater than the satisfaction, or pleasure, he would gain from committing the crime
Utilitarianism

– is a philosophy which argues that what is right is the one that would cause the greatest good for the
greatest number of people.

- others refer to it as the greatest happiness principle or the principle of utility.

- from this principle, Bentham formulated the “felicific calculus”.

Felicific Calculus or the pleasure-and-pain principle – is a theory that proposes that individuals calculate
the consequences of his actions by weighing the pleasure (gain) and the pain (suffering) he would derive
from doing the action.

3. NEOCLASSICAL CRIMINOLOGY

This theory modified the doctrine of free will by stating that free will of men may be affected by other
factors and crime is committed due to some compelling reasons that prevail. These causes are
pathology, incompetence, insanity or any condition that will make it impossible for the individual to
exercise free will entirely. In the study of legal provisions, this is termed as either mitigating or
exempting circumstances.

Effects of Neo Classical School of thoughts:

1. Children and lunatics are exempted from punishment.

2. Certain mitigating circumstances should be taken into account.

4. POSITIVIST SCHOOL OF CRIMINOLOGY

The term “positivism”, refers to a method of analysis based on the collection of observable scientific
facts.

Positivists believe that causes of behavior can be measured and observed.

It demands for facts and scientific proof, thus, changing the study of crimes and criminals into scientific
approach.

Positive theorists were the first to claim the importance of looking at individual difference among
criminals. These theorists who concentrated on the individual structures of a person, stated that people
are passive and controlled, whose behaviors are imposed upon them by biological and environmental
factors.
August Comte

- He was a French philosopher and sociologist and is believed to be the one who reinvented the French
term sociologie.

- he was recognized as the “Father of Sociology and Positivism”.

THE (UN) HOLY THREE (3) OF CRIMINOLOGY

1. Cesare Lombroso

2. Enricco Ferri

3. Raffaelle Garofalo

Cesare Lombroso

- recognized as the “Father of Modern and Empirical Criminology” due to his application of modern
scientific methods to trace criminal behavior, however, most of his ideas are now discredited

- known for the concept of atavistic stigmata (the physical features of creatures at an earlier stage of
development).

- he claimed that criminals are distinguishable from non-criminals due to the presence of atavistic
stigmata and crimes committed by those who are born with certain recognizable heredity traits.

- according to his theory, criminals are usually in possession of huge jaws and strong canine teeth, the
arm span of criminals is often greater than their height, just like that of apes who use their forearms to
push themselves along the ground.

- other physical stigmata include deviation in head size and shape, asymmetry of the face, excessive
dimensions of the jaw and cheekbones, eye defects and peculiarities, ears of unusual size, nose twisted,
upturned or flattened in thieves, or aquiline or beaklike in murderers, fleshy lips, swollen and
protruding, and pouches in the cheek like those of animal’s toes

Lombroso’s work supported the idea that the criminal was a biologically and physically inferior person

- according to him, there are three (3) classes of criminals:

born criminals – individuals with at least five (5) atavistic stigmata

insane criminals – those who became criminals because of some brain defect which affected their
ability to understand and differentiate what is right from what is wrong.

criminaloids - those with makeup of an ambiguous group that includes habitual criminals, criminals by
passion and other diverse types
Enricco Ferri

he focused his study on the influences of psychological factors and sociological factors such as
economics, on crimes.

He believed that criminals could not be held morally responsible because they did not choose to
commit crimes, but rather were driven to commit crimes by conditions in their lives.

Raffaelle Garofalo/ Rafael Garofalo

He treated the roots of the criminals’ behavior not to physical features but to their psychology
equivalent, which he referred to as moral anomalies. He rejected the doctrine of freewill.

Types of criminals according to Garofalo:

Murderers – from vengeance and revenge

Violent Criminals – commits very serious crimes

Deficient Criminals – commit crimes against property

Lascivious Criminals- commits crie against chastity

THEORIES OF CRIME CAUSATION

1. BIOLOGICAL THEORIES

- this refers to the set of theories that point to physical, physiological and other natural factors as the
causes for the commission of crimes of certain individuals.

- This explanation for the existence of criminal traits associates an individual’s evil disposition to physical
disfigurement or impairment.

Physiognomy – the study of facial features and their relation to human behavior.

Giambiatista dela Porta

- founder of human physiognomy

according to him criminal behavior may be predicted based on facial features of the person.

Johann Kaspar Lavater

- supported the belief of dela Porta

- he believed that a person’s character is revealed through his facial characteristics.

b. Phrenology, Craniology or Cranioscopy – the study of the external formation of the skull in relation to
the person’s personality and tendencies toward criminal behavior.

Franz Joseph Gall

he developed cranioscopy which was later renamed as phrenology.

Johann Kaspar Spurzheim

assistant of Gall in the study of phrenology.

he was the man most responsible for popularizing and spreading phrenology to a wide audience

C. Physiology or Somatotype – refers to the study of body build of a person in relation to his
temperament and personality and the type of offense he is most prone to commit.

Ernst Kretschmer

he distinguished three (3) principal types of physiques: asthenic, athletic, pyknik and dysplastic.

asthenic – characterized as thin, small and weak.

athletic – muscular and strong.

pyknic – stout, round and fat.

dysplastic – combination of two body types

William Herbert Sheldon

formulated his own group of somatotype: ectomorph, mesomorph and endomorph.

ectomorph – tall and thin and less social and more intellectual than the other types.

mesomorph – have well-developed muscles and an athletic appearance.

endomorph – heavy builds and slow moving

d. Heredity – the transmission of traits from parents to offspring.

1. Richard Louis Dugdale

conducted a study of the Jukes family by researching their family tree as far back 200 years. He
discovered that most of the ascendants of the Jukes were criminals.

ADA JUKES as the Mother of Criminals.

2. Henry Goddard
he traced the descendants of the Martin Kallikak from each of his two wives and found a distinct
difference in terms of quality of lives of descendants. He coined the term “moron”.

3. Charles Goring

he believed that criminal traits can be passed from parents to offspring through the genes.

he proposed that individuals who possess criminal characteristics should be prohibited from having
children.

INTELLIGENCE AS A FACTOR IN CRIMINALITY

The classic studies of the Juke and Kallikak families were among the first to show that feeblemindedness
or low-intelligence can be inherited and transferred from one generation to the next. Numerous test
were also conducted that lead to the development of the use of IQ tests as a testing procedure for
offenders. The very first results seemed to confirm that offenders had low mental abilities and they
were found to be mentally impaired.

ALFRED BINET – a French psychologist who developed the first IQ test.

- the test measured the capacity of individual children to perform tasks or solve problems in relation to
the average capacity of their peers.

EARNEST HOOTON - relates hereditary inferiority to criminality

HENRY MAUDSLEY – pioneered criteria for legal responsibuility; “Pathology of Mind”, he believed that
insanity and criminal behavior were strongly linked.

3. PSYCHOLOGICAL THEORIES

refers to the theories that attribute criminal behavior of individuals to psychological factors, such as
emotion and mental problems.

a. Sigmund Freud

- he is recognized as the FATHER OF PSYCHOANALYSIS

- known for his psychoanalytic theory

- according to him, criminality is caused by the imbalance of the three (3) components of personality:
the id, the ego, and the superego.

- according to him there are three parts of personality:

1. ID – this stands for instinctual drives; the primitive part of the individual’s mental make-up present at
birth; it is governed by the “pleasure principle”; represents the unconscious biological drives for
pleasure.

2. EGO – this is considered to be the sensible and responsible part of an individual’s personality and is
governed by the “reality principle”; it is developed early in life and compensates for the demands of the
id by helping the individual guide his actions to remain within the boundaries of accepted social
behavior; it is the objective, rational part of the personality

3. SUPEREGO – serves as the moral conscience of an individual; it is structured by what values were
taught by the parents, the school and the community, as well as belief in God; it is largely responsible
for making a person follow the moral codes of society. It is divided into two parts: conscience (tells what
is right or wrong) and ego ideal (directs the individual to morally acceptable and responsible behaviors,
which may not be pleasurable).

4. SOCIOLOGICAL THEORIES

- sociological factors refer to things, places and people with whom we come in contact with and which
play a part in determining our actions and conduct. These causes may bring about the development of
criminal behavior.

a. Emile Durkheim

- he stated that crime is a normal part of the society just like birth and death.

- proposed the concept of “anomie” or the absence of social norms. It is characterized by disorder due
to lack of common values shared by individuals, lack of respect for authority and lack of appreciation for
what is acceptable and not acceptable in a society.

Social Norms – also called rules of conduct

Shared standard of behavior which in turn require certain expectations of behavior in a given situation

Socially accepted and expected behavior or conduct in society

Set of rules that govern an individual’s behavior and actions

Socialization – refers to the learning process by which a person learns and internalizes the ways of
society so that he can function and become an active part of society.

b. Gabriel Tarde

introduced the theory of imitation which proposes the process by which people become criminals.
- according to this theory, individuals imitate the behavior of other individuals based on the degree of
their association with other individuals and it is inferior or weak who tend to imitate the superior and
strong.

c. Adolphe Quetelet and Andre Michael Guerry

- He repudiated the free will doctrine of the classicists

- founder of cartographic school of criminology.

- founder of moral statistics.

- cartographic school of criminology made use of statistical data such as population, age, gender,
occupation, religious affiliations and social economic status and studies their influences and relationship
to criminality.

MODERN SOCIOLOGICAL THEORIES OF CRIME CAUSATION

- environmental factors such as the kind of rearing or family upbringing, quality of teaching in school,
influences of peers and friends, conditions of the neighborhood, and economic and other societal
factors are believed to be contributory to crime and criminal behavior.

1. SOCIAL STRUCTURE THEORIES

- refers not only to the physical features of the communities but also to the way society is organized.

- include such things as level of poverty and unemployment and the amount of crowded housing which
are believed to affect behavior and attitudes of individuals which in turn contribute to their commission
of crimes.

- also called social environment

- includes social disorganization theory, strain theory and cultural deviance theory.

a. Social Disorganization Theory

popularized by Clifford Shaw and Henry McKay.

according to this theory, crimes in urban areas are more prevalent because residents have impersonal
relationships with each other.

increase in the number of broken families and single parenthood are also very common in disorganized
communities.

another feature of disorganized community is poverty as evidenced by poor living conditions such as
rundown houses, unsanitary and unsightly streets and high unemployment rates.
b. Strain Theory

strain refers the individual’s frustration, anger and resentment.

holds that crime is a function of the conflict between the goals people have and the means they can
use to legally obtain them. This also argues that the ability to obtain these goals is class dependent;
members of the lower class are unable to achieve these goals which come easily to those belonging to
the upper class. Consequently, they feel anger, frustration and resentment, referred to as STRAIN.

c. Cultural Deviance Theory

gives emphasis on the concept of culture and sub-culture.

according to this theory, because people in the lower class feel isolated due to extreme deprivation or
poverty, they tend to create a sub-culture with its own set of rules and values. This is characterized by
deviant behavior which results in criminal behavior among its members.

1. SOCIAL PROCESS THEORY

refers to a group of theories which point to the individual’s socialization process as the cause for the
commission of crimes. These theories cite interaction with people and experiences and exposure to
different element in the environment as primary factors to criminality.

under this theory is the social learning theory which in turn has three (3) sub-theories: differential
association theory, differential reinforcement theory and neutralization theory.

a. Differential Association Theory

formulated by Edwin Sutherland

this theory states that criminal behavior is learned through socialization.

criminal behavior is learned in interaction with other persons in a process of communication.

b. Differential Reinforcement Theory

according to this theory, individual’s behavior depends on how people around him react toward s his
behavior.

an act that is rewarded is repeated; an act that is punished will be avoided.

c. Neutralization Theory

introduced by David Matza and Gresham Sykes.

sometimes referred to as “drift theory”

 according to this theory, people know when they are doing something wrong, however, they
rationalize and justify their actions. This rationalizing is what we called “neutralization”.

2. SOCIAL REACTION THEORY

more commonly called labeling theory.

it states that people become criminals when significant members of society label them as such and they
accept those labels as a personal identity.

3. SOCIAL CONTROL THEORIES

maintain that everyone has the potential to become criminal but most people are controlled by their
bonds to society.

social control refers to the agencies of social control such as family, school, religion or church,
government and laws and other identified authorities in society.

there are two (2) sub-theories: containment theory and social bond theory.

a. Containment Theory

proposed by Walter Reckless

he stated that inner and outer containments help prevent juvenile offending.

containment means the forces within and outside the individual that has the power to influence his
actions.

inner containments include positive self-concept, tolerance for frustration and an ability to set realistic
goals.

outer containments include family.

b. Social Bond Theory

propagated by Travis Hirschi

this theory views crime as a result of individuals with weakened bonds to social institutions.

according to this theory, there are four (4) elements of social bonds: attachment, commitment,
involvement and belief.

attachment – refers to the degree to which an individual care about the opinions of others.

commitment – refers to an individual’s investment of energy and emotion in conventional pursuits,

such as getting good grades.
 involvement – refers to the amount of time an individual spends on a conventional pursuit.

belief – refers to acceptance of the norms of conventional society.

CRIMES AND CRIMINALS

CRIME – refers to an act committed or omitted in violation of public law (Phil. Law Dictionary).

It also refers to an act committed or omitted in violation of a public law forbidding or commanding it
(Reyes 2006).

CLASSIFICATION OF CRIMES

LEGAL CLASSIFICATIONS:

1. According to law violated

a. Felony – an act or omission punishable by law which is committed by means of dolo (deceit) or culpa
(fault)and punishable under the Revised Penal Code

b. Offense – an act or omission in violation of a special law

c. Infraction – an act or omission in violation of a city or municipal ordinance

2. According to the manner of committing crime:

a. By means of dolo or deceit – if the crime is committed with deliberate intent. Thus, it is called
intentional felonies.

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 being the 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 over acts, and does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than this 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:

a. Simple Crime – is a single act constituting only one offense.

b. Complex Crime – single act constituting two or more grave felonies or an is a necessary means for
committing the other

Two (2) Kinds of Complex Crime:

1. compound crime (delito compuesto)

2. complex crime proper (delito complejo)

5. According to gravity:

a. Grave felonies - are those to which the law attaches the 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 infraction 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.
CRIMINOLOGICAL CLASSIFICATIONS OF CRIME:

1. According to the result of the crime:

a. Acquisitive crime – if the offender acquired or gained something by committing the crime. Examples
are robbery, estafa, bribery, etc.

b. Destructive crime – if the crime resulted in destruction, damage or even death. Examples are arson,
murder and homicide, damage to property, etc.

2. According to the time or period of commission:

a. Seasonal crimes – are crimes that happen only during a particular season or period of the year.
Examples are violation of election law, tax law violations, etc.

b. Situational crimes – are crimes committed when the situation is conducive to the commission of the
crime and there is an opportunity to commit it. Examples are pickpocketing, theft, etc.

3. According to the length of time of the commission:

a. Instant crimes – are those crimes that can be committed in a very short time. Example: theft

b. Episoidal crimes – are crimes committed through series of acts or episodes and in much longer time.
Example: serious illegal detention

4. According to place or location:

a. Static crimes – are committed only in one place. examples are theft and robbery

b. Continuing crimes – are crimes that take place in more than one place or several places. examples:
abduction, kidnapping, etc.

5. According to the use of mental faculties:

a. Rational crimes – when the offender is capable of knowing what he is doing and understanding the
consequences of his actions.

b. Irrational Crimes – when the offender suffers from any form of mental disorders, insanity or
abnormality. Thus, the offender doesn’t know what he is doing.

6. According to the type of offender:

a. White Collar Crimes – crimes committed by those persons belonging to the upper socio-economic
status or in the course of his occupational activities.

b. Blue Collar Crimes – are those crimes committed by ordinary criminals as a means of livelihood.

CRIMINAL

in the legal sense, a criminal is any person who has been found to have committed a wrongful act in the
course of the standard judicial process; there must be a final verdict of his guilt

in the criminological sense, a person is already considered a criminal the moment he committed a crime

CLASSIFICATIONS OF CRIMINALS

1. According to etiology

a. Acute criminal – is a person who committed crime as a result of reacting to a situation or during a
moment of anger or burst of feeling.

b. Chronic criminal – is one who committed a crime with intent or deliberated thinking.

c. Neurotic criminal – is one who has mental disorder.

d. Normal criminal – a person who commits crimes because he looks up to, idolizes people who are
criminals.

2. According to the type of offender:

Ordinary criminal – a criminal who engages in crimes which do not require specialized or technical skill

Organized criminal – is one who possesses some skills and know-how which enable him to commit
crimes and evade detection.

Professional criminal – a highly skilled criminals which are engaged in a large scale criminal activities ad
usually operate in groups.

3. According to criminal activities:

a. Professional criminal – a criminal who earns his living through criminal activities.

b. Situational criminal – a person who got involved in criminal act because the situation presented itself.

c. Habitual criminal – one who repeatedly commits criminal act for different reasons.

d. Accidental criminal – a person who accidentally violated the law due to some circumstances.
STUDY OF CRIMINAL LAW

EVOLUTION OF CRIMINAL LAWS

A) PREHISTORIC CRIME AND PUNISHMENT

Primitive Tribes

- punishment may be in the form of ostracism 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) 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”, 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

2) THE HITTITES

- the Hittites existed about two centuries after Hammurabi and eventually conquered Babylon

- Capital punishment was used fore many offenses, except homicide or robbery

- rape, sexual intercourse with animals, defiance of the authority and sorcery were all punishable by
death

- law enforcement and judicial functions were placed in the hands of commanders of military garrisons

3) CODE OF DRAKON

- knows as the “ultimate in severity”

- codified by Drakon, the Athenian lawgiver of the seventh century BC

- Death was the punishment for almost every offense

- Murderers might avoid execution by going into exile; if they return to Athens, it was not a crime to kill
them

- Death penalty was administered with great brutality

4) 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

-The thief was required to return stolen property and pay the victim sum equal to twice its value

-For the crime of temple robbery, the penalty was death

- For rape of a woman, the penalty was a fine of certain amount

5) 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

-If a person committed arson of a house or a stack of corn shall be burned alive

-judges who accepted bribes as well as those who bribed them were subject to execution

- Any act of treason was punishable by crucifixion

CRIMINAL LAW

– is that branch of public law which defines crimes treats of their nature and provides for their
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 as RPC because the old penal code which took effect in the country on July 14, 1887
and was in force until Dec. 31, 1931 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.

1. Articles 1-20 – principles affecting criminal liability

2. Articles 21-113 – penalties including criminal and civil liability

3. Articles 114-367 – felonies

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:

1. should commit an offense while on Philippine ship or airship;

2. should forge or counterfeit any coin or currency note of the Philippine Island or obligations and
securities issued by the government of the Philippines;

3. while being a public officer or employee, should commit an offense in the exercise of their functions’

4. should commit any of the crimes against national security and law of nations
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 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 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. \

CRIME STATISTICS

refers to the measure of the level or amount of crimes.

The collection or study of numerical data of crimes recorded/reported to the police.

it uses the terms index crimes and non-index crimes in classifying crimes.

Index crimes are crimes which are sufficiently significant and which occur with sufficient regularity to be
meaningful, such as murder, homicide, physical injury, robbery, theft and rape.

Non-index crimes are crimes that are not classified as index crimes. Violations of special laws and other
crimes against moral and order. These crimes are generated from the result of positive police initiated
operations.