THEORIES IN CRIMINAL LAW

THEORIES IN CRIMINAL LAW

• Classical (Juristic) Theory- the basis of criminal liability is

human free will and the purpose of penalty is retribution. Man
is a moral creature with an absolute free will to choose
between good and evil. Here more stress is placed upon the
result of the crime than the criminal. There is scant regard for
the human element.
• Positivist (Realistic) Theory. Man is subdued occasionally
by a strange and morbid phenomenon which constrain 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. The
purpose of penalty is reformation of accused. Offender is
regarded as a sick person who needs treatment.
 CLASSICAL THEORY
• The basis of criminal liability is human free will and
the purpose of penalty is retribution.
• Man is a moral creature with an absolute free will
to choose between good and evil.
• Here more stress is placed upon the result of the
crime than the criminal.
• There is scant regard for the human element
 POSITIVIST THEORY
• Man is subdued occasionally by a strange and
morbid phenomenon which constrain him to do
wrong.
• Crime is a social and natural phenomenon;
• Crime cannot be treated therefore by the application
of abstract principles of law or by the imposition of
punishment.
• The purpose of penalty is reformation of accused.
• Offender is regarded as a sick person who needs
treatment.
FELONY
 FELONY
Art. 3. Definitions. — Acts and omissions punishable
by law are felonies (delitos).
Felonies are committed not only be means of deceit
(dolo) but also by means of fault (culpa).
There is deceit when the act is performed with
deliberate intent and there is fault when the wrongful
act results from imprudence, negligence, lack of
foresight, or lack of skill.
 ELEMENTS OF FELONIES IN GENERAL:

• An act or omission
• Act or omission punishable by the RPC
• Act is performed or omission is incurred by means
of dolo or culpa.
• Act- is any bodily movement tending to
produce some effects in the external world.
• Omission- inaction, the failure to perform an
act one is bound to do.
 REQUISITES OF DOLO OR MALICE (INTENTIONAL
FELONIES)

• Freedom of action
• Intelligence
• Intent
 MEN’S REA
• Criminal Intent
• The gravamen of a certain crime
 REQUISITES OF FAULT OR CULPA (CULPABLE
FELONIES)

• Freedom of action
• Intelligence
• Imprudent, negligent, or lack of foresight or lack of
skill
IMPRUDENCE VS. NEGLIGENCE
 IMPRUDENCE VS. NEGLIGENCE

• Imprudence involves lack of skill. Negligence

involves lack of foresight
• Imprudence involves a deficiency of action.
Negligence indicates a deficiency of perception.
• Failure to make precaution/pag-iingat is
imprudence. Failure to use diligence is negligence.
IMPRUDENCE
NEGLIGENCE
MISTAKE OF FACT
 MISTAKE OF FACT
Mistake of fact- is a misapprehension of
fact on the part of the person who caused
injury to another. He is not liable for
absence of criminal intent
 REQUISITES OF MISTAKE OF FACT

• The act would have been lawful had the facts been as
the accused believed them to be.
• The intention of the accused in performing the act
should be lawful.
• That the mistake must be without fault or carelessness
on the part of the accused
MOTIVE and INTENT
 MOTIVE and INTENT
Motive- the moving power which impels one to
action for a definite result.
Intent is the purpose to use a particular manes to
effect such result.

NOTE”: Motive is not an element of a crime and

need not be proved. Intent is an element of a crime
and must be proved.
CRIMINAL LIABILITY
 CRIMINAL LIABILITY, DEFINED

Criminal liability does not only mean the obligation

to serve the personal or imprisonment penalties but
it also includes the liability to pay the fines or
pecuniary penalties.
 CRIMINAL LIABILITY
Art. 4. Criminal liability. — Criminal liability shall be
incurred:
1. By any person committing a felony (delito) although
the wrongful act done be different from that which he
intended.
2. By any person performing an act which would be an
offense against persons or property, were it not for
the inherent impossibility of its accomplishment or an
account of the employment of inadequate or
ineffectual means.
 Article 4 (1) may refer to either:
• Error in personae- mistake in identity
of victim.
• Aberratio Ictus- mistake in blow.
• Praeter Intentionem- result done is
greater than that originally intended.
Error in personae

INTENDED
VICTIM

ACTUAL
VICTIM
Aberratio Ictus

ACTUAL
VICTIM

INTENDED
VICTIM