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I N T R OD U C T I O N T O

C R IM I N O LO G Y
HO P. RO BANTE S, RCRIM,
PREPARED BY: JERIC
AUGUST 2023 CLE
WHAT IS
CRIMINOLOGY?
IT IS A BODY OF KNOWLEDGE REGARDING CRIME
AS A SOCIAL PHENOMENON. IT INCLUDES WITHIN
ITS SCOPE THE PROCESS OF MAKING LAWS, OF
BREAKING LAWS AND OF REACTING TOWARDS THE
BREAKING OF THE LAWS. (EDWIN SUTHERLAND)

IN ADDITION, CRIMINOLOGY REFERS TO THE


SCIENTIFIC STUDY OF CRIMES, CRIMINALS, AND
VICTIMS, IT ALSO DEALS WITH THE PREVENTION,
AND SOLUTION OF CRIMES. (RA 1131, SEC. 4 PG. E)
THREE (3) BASIC CONCEPT OF CRIMINOLOGY
REACTION TOWARDS
MAKING OF LAWS BREAKING OF LAWS BREAKING OF LAWS
CRIMES CRIMINAL SOCIETY

 THE STUDY OF CRIME AND BEHAVIOR  ETIOLOGY / CAUSES OF CRIME OR SO  SOCIETY PLAYS A VITAL ROLE
INFORMED BY PRINCIPLES OF SOCIOLOGY CALLED “CRIMINAL ETIOLOGY”
AND NON LEGAL FIELDS.
 BETHAMS FUNDAMENTAL AXIOM, ALL
 CRIMINAL IS A POPULAR TERM FOR A SOCIAL MORALS AND GOVERNMENT
 AS A CRIMINOLOGIST, WE EXAMINE A PERSON WHOS HAS COMMITTED A CRIME LEGISLATION SHOULD AIM FOR
VARIETY OF RELATED AREAS OPEN IN A OR HAS BEEN LEGALLY CONVICTED OF A PRODUCING THE GREATEST HAPPINESS
NEW, INCLUDING: CHARACTERISTICS OF CRIME. FOR THE GREATEST NUMBER OF PEOPLE.
PEOPLE WHO COMMIT CRIMES.
MAINLY:
CRIMINOLOGY/CRIMINOLOGIST
NOT FOCUS ON BEING A POLICE
OFFICER.
CRIMINOLOGISTS USE THEIR SPECIALIZED KNOWLEDGE TO DEVELOP
POLICIES AND PROCEDURES THAT WILL HELP TACKLE AND PREVENT
CRIME.

CRIMINOLOGIST CAN LEAD TO A WIDER RANGE OF CAREERS IN THE


PRIVATE SECTOR, GOVERNMENT OFFICER, AND CRIMINAL JUSTICE.
WHY CRIMINOLOGY
HAS BROADEST SENSE?
 IN ITS BROADEST SENSE, CRIMINOLOGY
IS THE ENTIRE BODY OF KNOWLEDGE
REGARDING CRIMES AND CRIMINALS, AND
THE EFFORT OF THE SOCIETY TO PREVENT
AND REPRESS THEM.

 IN A NARROWER SENSE, CRIMINOLOGY IS


THE SCIENTIFIC STUDY OF CRIMES AND
CRIMINAL BEHAVIOR.
WHY CRIMINOLOGY IS
NOT A SCIENCE?
 BECAUSE IT HAS NOT FOLLOWED
UNIVERSAL RULE. THERE’S DIFFERENT
CAUSES WHY PERSON COMMIT CRIME.

 BECAUSE VAST MAJORITY OF


CRIMINOLOGY STUDY BASED ON
GUESSES OR SCIENTIFIC THEORIES.
WHY CRIMINOLOGY NOT A
SCIENCE?
ACCORDING TO E. SUTHERLAND AND DONALD CRESSY,
CRIMINOLOGY NOT A SCIENCE BUT HAS THE HOPE OF BECOMING A
SCIENCE FOR THE REASON THAT MAN IS THE SUBJECT OF THE STUDY.
(CLASSIC DEFINITION AND USED AS GENERAL DEFINITION)

ACCORDING TO G. WILKER, ABSOLUTELY NOT A SCIENCE DUE TO THE


VARIATION OF BEHAVIOR (LACK OF PROPOSITION)
“ TAKE NOTE!

IN GENERAL: NOT A SCIENCE


IN PH SETTING: R.A 11131, IT’S A SCIENCE
HERE’S THE EXPLANATION WHY HERE IN THE PHILIPPINES CRIMINOLOGY IS NOW A SCIENCE.

BECAUSE IN R.A 11131, IT CONSIDERED AS A PROFESSION PRACTICING OF CRIMINOLOGY. WHEREIN WE ARE IN THE 21ST CENTURY
AND USING SCIENCE CURRENTLY IMPACTED BY A RAPIDLY CHANGING INFORMATION TECHNOLOGY AND OTHER TOOLS IN
DETECTING CRIMES. IN ADDITION, IN NEW LAW ITS EMPHASIS IS ON EMPIRICAL RESEARCH AND SCIENTIFIC METHODOLOGY
(CRIMINOLOGICAL RESEARCH 1&2)
BRIEF HISTORY AND ETYMOLOGICAL
DEFINITION OF CRIMINOLOGY
CRIMINOLOGY
“CRIMINOLOGIA”
(FROM LATIN CRĪMEN,"ACCUSATION"; AND GREEK -ΛΟΓΊΑ,
-LOGIA) IS THE SCIENTIFIC APPROACH TO STUDYING
CRIMINAL.

ITALIAN WORD
THE TERM WAS COINED IN 1885
RAFFAELLE GAROFALO AN ITALIAN PROFESSOR
CRIMINOLOGY
“CRIMINOLOGIE”
THE TERM WAS COINED IN 1887
FRENCH WORD
PAUL TOPINARD FRENCH PHYSICIAN AND
ANTHROPOLOGIST

NOTE: FOR THE FIRST TIME IN FRENCH


CRIMINOLOGY AS A SCIENTIFIC
STUDY OF CRIME AND CRIMINALITY
IS SOMEWHAT RECENT DEVELOPED
EARLIEST CODE OF LAWS LIMITED ONLY IN DEFINING CRIMES AND SETTING
OF PUNISHMENT. (CODE OF UR-NAMMU AND CODE OF HAMMURABI)

SUPERSTITION AND FEAR OF SATANIC CONTROL DOMINATED MANS KIND.


COMMON PRACTICE TO USE CRUEL OR INHUMANE PUNISHMENTS DURING
MIDDLE AGE PERIOD, 1200-1600. (WHIPPING, BANISHMENT,
CRUXIFICATION, ORDEALS)
WHAT IS CRIMINOLOGIST?
“ IT IS ATTEMPT TO BUILD THEORIES THAT
EXPLAIN WHY CRIME OCCUR AND TEST
THOSE THEORIES BY OBSERVING BEHAVIOR
– OSCAR G. SORIANO
IT EXPLAINS…

WE NEED TO LEARNED DIFFERENT SOCIOLOGICAL THEORIES ABOUT CRIMES AND WITH THAT KNOWLEDGE, WE WILL
KNOW THE ROOT CAUSES OF MANS BEHAVIOR.
“ A PERSON WHO STUDY CRIMINOLOGY,
CAUSES OF CRIMES, THEORIES THAT
DEALS WITH CRIMINALS, VICTIMS AND
SOCIETY. –NOLI INGCAD
ALSO INCLUDE…

THE PROPER PREVENTION, SUPPRESSION AND RECOMMENDATION FOR THE PROPER AND EFFECTIVE MEANS OF
PREVENTING CRIMES. (PROPOSING CRIMINOLOGICAL STUDIES OR RESEARCH)
“ A PERSON WHO GRADUATE OF THE DEGREE
OF CRIMINOLOGY, WHO HAS PASSED THE
EXAMINATION FOR CRIMINOLOGISTS AND
IS REGISTERED SUCH AS BOARD – R.A 6506

 RA 6506 IS AN ACT THAT CREATES THE BOARD EXAMINERS FOR CRIMINOLOGIST IN PHILIPPINES WHILE THE RA
11131 IS AN ACT THAT GOVERNS THE EXAMINATION, REGISTRATION AND LICENSURE OF CRIMINOLOGISTS,
REPEALING THE PURPOSE OF RA 6506.
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 THIS


ACT. –R.A 11131

AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS "AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS IN THE PHILIPPINES“ (TITLE)

 IN OUR COUNTRY BEING A CRIMINOLOGIST IS A PROFESSION THAT WE NEED TO DEVELOPED A COMPETENCY THROUGH “CONTINUING PROFESSIONAL
DEVELOPMENT” (SEC. 3 OBJECTIVES)

 WE MUST PRACTICE OUR PROFESSION, BUT SHALL LIMITED TO ACTS OR ACTIVITIES PERFORMED (SEC. 5 SCOPE OF PRACTICE)
WHAT IS THE PHILIPPINE CRIMINOLOGY
PROFESSION ACT OF 2018 OR KNOWN AS
“R.A 11131”?
REPUBLIC ACT NO. 11131

 THE FOCUS SHOULD NOT SOLELY BE ON


BEING A POLICE OFFICER.

 IN OUR PROFESSION WE ARE VERSATILE IN


DIFFERENT ASPECTS.

 DEVELOPED COMPETENCY.
REPUBLIC ACT NO. 11131
 MUST PASSED THE CLE

 PRACTICE OF PROFESSION, COMPETENCY IN CPD


POINTS AND MUST BE A PCAP MEMBER

 APO REFERS AS BOARD, MANDATED FOR APPROVAL OF


PRC.

 RESPONSIBLE FOR PROTECTING THE PUBLIC,


STANDARDS OF PRACTICE, DISCIPLINARY ISSUES,
QUALITY ASSURANCE AND MAINTENANCE OF
COMPETENCY.

 CHED MONITORED CRIMINOLOGY EDUCATION IN OUR


COUNTRY
REPUBLIC ACT NO. 11131
 THE FOCUS SHOULD NOT SOLELY BE ON BEING A
POLICE OFFICER.

 YOU CAN APPLY IN DIFFERENT FIELDS AND


OTHER GOVERNMENT AGENCY.
REPUBLIC ACT NO. 11131
 MUST NEED TO PASSED A LICENSURE
EXAMINATION (CLE) TO BE CONSIDERED
AS REGISTERED CRIMINOLOGIST

 MUST SATISFACTORILY PROVE


FOLLOWING QUALIFICATION.
REPUBLIC ACT NO. 11131
 TO TEACH SUBJECTS FOR LICENSURE EXAMINATION,
INDIVIDUALS MUST POSSESS A VALID CERTIFICATE,
PROFESSIONAL CARD, APO MEMBERSHIP, AND EARNED
CPD POINTS.

 THE INDIVIDUAL IS REQUIRED TO ACHIEVE A


WEIGHTED AVERAGE RATING OF 75% IN ANY SUBJECT,
WITH A MINIMUM GRADE OF 60%. EXAMINEE WITH
75% WEIGHTED AVERAGE RATING BUT 60% GRADE
BELOW 60% MUST RETAKE SUBJECT WITHIN TWO
YEARS, ACHIEVING 80% GRADE OR PASSING
LICENSURE EXAM.
REPUBLIC ACT NO. 11131
 THE DOCUMENT IS REISSUED EVERY THREE YEARS, AFTER
PAYMENT OF PRESCRIBED FEES, CPD UNITS, AND APO
CERTIFICATION AS AN ACTIVE MEMBER.

 THE COURT HAS THE AUTHORITY TO WITHDRAW OR


SUSPEND A REGISTERED CRIMINOLOGIST'S REGISTRATION
CERTIFICATE OR TO TERMINATE A FOREIGN
CRIMINOLOGIST'S TEMPORARY/SPECIAL PERMISSION.

 NON COMPLIANCE OF CPD, CONVICTED WITH FINALITY OF


MORAL TURPITUDE, NON RENEWAL PERIOD OF 6YRS,
ADDICTION TO DRUGS AND ALCOHOL OF UNSOUND MIND
ETC..
REPUBLIC ACT NO. 11131
 FOREIGN RECIPROCITY ARE GRANTED BY ONE STATE
TO THE CITIZENS OR LEGAL ENTITIES OF ANOTHER,
SHOULD BE RETURNED IN KIND.

 THEY CAN PRACTICE THEIR PROFESSION ONLY


THROUGH TEMPORARY/ SPECIAL PERMIT ISSUED BY
BOARD AND SUBJECT FOR APPROVAL.

 THE PERMIT FOR CRIMINOLOGY, SUBJECT TO


RENEWAL, OUTLINES LIMITATIONS AND CONDITIONS
FOR NOT MORE THAN ONE YEAR, REQUIRING
SPECIFIC PRACTICE LOCATIONS AND RULES FROM
THE BOARD, APPROVED BY THE COMMISSION.
NATURE OF CRIMINOLOGY
“ S.A.N.D “

SOCIAL SCIENCE — APPLIED SCIENCE—NATIONALISTIC — DYNAMIC


SOCIAL SCIENCE
CRIME IS A SOCIAL CREATION AND IT
EXIST IN A SOCIETY BEING A SOCIAL
PHENOMENON.

 IT STUDIES CRIME AND CRIMINAL


BEHAVIORS BY USED OF SOCIOLOGICAL
RESEARCH.
APPLIED SCIENCE
IT APPLIES SCIENTIFIC METHODS AND THEORIES TO
UNDERSTAND AND ADDRESS CRIMINAL BEHAVIOR,
CRIME PREVENTION, AND LAW ENFORCEMENT
STRATEGIES.

KNOWLEDGE AND METHODS USED BY SOCIOLOGISTS,


PSYCHOLOGISTS, AS WELL AS OTHER ACADEMIC AND
PROFESSIONAL DISCIPLINES.
NATIONALISTIC
STUDY OF CRIMES MUST BE IN RELATION OF THE
EXISTING CRIMINAL LAW WITHIN A TERRITORY.

TERRITORIALITY IN NATURE MEANS, PENAL LAWS OF


THE PH ARE ENFORCEABLE ONLY WITHIN ITS
TERRITORY. (AS GENERAL RULE)

EXTRATERRITORIALITY APPLICATION EVEN IN


OUTSIDE TERRITORY PENAL LAWS OF PH ARE
ENFORCEABLE. (EXCEPTION)
DYNAMIC
CRIMINOLOGY CHANGES AS SOCIAL
CONDITION CHANGES.

THE CRIMINOLOGY PROFESSION AS THE


STUDY OF CRIME AND ITS EFFECT IS
DYNAMIC.
SCOPE OF CRIMINOLOGY
CRIMINAL DEMOGRAPHY
STUDY OF THE RELATIONSHIP BETWEEN
CRIMINALITY AND POPULATION.

FOCUSES ON PEOPLE REGARDLESS OF


(SEX, AGE, ETHNICITY AND RELIGION)
CRIMINAL
EPIDEMIOLOGY
STUDY OF THE RELATIONSHIP BETWEEN
ENVIRONMENT AND CRIMINALITY.

GREEK WORD “EPIDEMIC”, THE WORD


EPIDEMICS MEANS “HEALTH”.

THE FOCUS IS ON MANAGING THE


WIDESPREAD SPREAD OF COMMUNICABLE
DISEASES THAT AFFECT THE ENTIRE
POPULATION.
Crime Information Reporting and Analysis
CRIMINAL ECOLOGY
STUDY OF CRIMINALITY IN RELATION TO THE
SPATIAL DISTRIBUTION IN A COMMUNITY OR
SOCIETY.

CLUSTER GEOGRAPHICALLY, WIDE USAGE OF


HOTSPOTS ANALYSIS TO IDENTIFY AND
VISUALIZE CRIME.

ENHANCED CRIME MAPPING OF PNP FOR


CENTRAL DATABASE SYSTEM OF CRIME
INCIDENTS CALLED “ C I R A S “
CRIMINAL PHYSICAL
ANTHROPOLOGY
STUDY OF CRIMINALITY (CRIMINALS) IN
RELATION TO PHYSICAL CONSTITUTION OF MEN.
(HUMAN SPECIES)

FOCUS ON ORIGIN, EVOLUTION AND VARIATION OF


HUMANS BASICALLY THE BIOLOGICAL CHANGES
THAT OCCURS FROM PAST TO PRESENT.

FAMOUS FRENCH POLICE OFFICER APPLIED


ANTHROPOLOGICAL TECHNIQUE TO LAW
ENFORCEMENT NAMED ALPHONSE BERTILLON.
CRIMINAL
PSYCHOLOGY
STUDY OF HUMAN BEHAVIOR IN RELATION TO
CRIMINALITY.

STUDIES THE BEHAVIORS AND THOUGHTS OF


CRIMINALS.
CRIMINAL
PSYCHIATRY
STUDY OF HUMAN MIND IN RELATION TO
CRIMINALITY.

STUDY OF MENTAL HEALTH PROBLEMS,


INTENSIVE TREATMENT BECAUSE OF
CHEMICAL IMBALANCES IN BRAIN.
WHAT IS CRIMINOLOGICAL
RESEARCH?
 THE STUDY OF THE CRIME CORRELATED TO WITH ANTECEDENT OR
LOGICALLY PRECEDE VARIABLES, STATE OF CRIME TREND.

 FOCUSES ON ISSUES RELATED TO THE CAUSES AND CONSEQUENCES


OF CRIME, DELINQUENCY, AND VICTIMIZATION, AS WELL AS THE
OPERATION OF THE CRIMINAL JUSTICE SYSTEM, WITH AN EMPHASIS
ON POLICE, COURTS, AND CORRECTIONS.
INTRODUCTION TO VICTIMOLOGY
WHAT IS
VICTIMOLOGY?
BENJAMIN MENDELSOHN IS ALSO A CRIMINOLOGIST.
FIRST USED IN 1947
USED TO DESCRIBE THE SCIENTIFIC STUDY OF CRIME VICTIMS.
IT IS A STUDY OF ETIOLOGY OR CAUSE OF VICTIMIZATION.
RECOGNIZING THAT SOME VICTIMS BEAR NO RESPONSIBILITY FOR THEIR
VICTIMIZATION

“VICTIMOLOGISTS” USE THE SCIENTIFIC METHOD TO ANSWER


QUESTIONS ABOUT VICTIMS BY CONDUCTING RESEARCH AND ANALYSIS
TO IDENTIFY REASONS OF VICTIMIZATION.
WHY VICTIM IS A
FORGOTTEN ONE?
LACK OF INFORMATION ABOUT A CASE'S
PROGRESS AND INADEQUATE PREPARATION
FOR BEING A WITNESS IN COURT.

WITH FEW EXCEPTIONS, VICTIMS AND


WITNESSES ARE EITHER IGNORED BY THE
SYSTEM OR SIMPLY USED TO IDENTIFY
OFFENDERS.
3 TYPES OF VICTIMS
“P S T”

PRIMARY VICTIM — SECONDARY VICTIM — TERTIARY VICTIM


PRIMARY VICTIM
DIRECTLY SUFFERED IN THE COMMISSION OF THE
CRIME. A PERSON WHO IS INJURED OR DIES AS
RESULT OF;
AS A RESULT OF:

A VIOLENT CRIME COMMITTED AGAINST HIM OR


HER;

TRYING TO PREVENT THE COMMISSION OF A


VIOLENT CRIME

TRYING TO AID OR RESCUE SOMEONE HE/SHE


BELIEVES IS THE VICTIM OF A VIOLENT CRIME.
SECONDARY VICTIM
A PERSON WHO IS PRESENT AT THE SCENE OF A
VIOLENT CRIME AND WHO IS INJURED AS A
DIRECT RESULT OF WITNESSING THAT CRIME;
(SUFFERED INDIRECTLY)

SUBSEQUENTLY BECOMING AWARE OF AN ACT OF


VIOLENCE AND WHO IS THE PARENT/GUARDIAN
OF THE PRIMARY VICTIM
TERTIARY VICTIM
KNOWN AS “ REMOTE VICTIM “
INDIVIDUALS WHO MIGHT HAVE NEVER MET THE
INDIVIDUAL WHO HAS BEEN HARMED BUT ARE
CHANGED BY THE CRIME THEY SUFFERED.

WHO TRIGGERED OR AFFECTED ONLY BY


WATCHING NEWS, TIKTOK TRENDING ISSUES.
ANOTHER TYPES OF VICTIM
“ V-P “

VICTIM PRECIPITATION — PASSIVE PRECIPITATION


VICTIM
PRECIPITATION
OCCURS WHEN VICTIMS ACT PROVOCATIVELY
USE THREATS, OR EVEN ATTACK FIRST.
EXAMPLE: MAANGAS NA SINAMBIT NI “A” NA KANYA
ANG QUIAPO, SI “B” AY DATING BATANG QUIAPO NA
GRIPUHAN SI “A”
PASSIVE
PRECIPITATION
OCCURS WHEN THE VICTIM EXHIBITS SOME
PERSONAL CHARACTERISTICS THAT UNKNOWINGLY
EITHER THREATENS OR ENCOURAGE ATTACKERS.
EXAMPLE: MAYAMAN SI “ A “ SYA AY ANAK NI X-GAZA NA
DELULU, MAY IPHONE 15 SI “ A “ (NOT FULLY PAID) NAG
CP SI “ A “ SA GILID NG SIMBAHAN SA QUIAPO DAHIL
KAUSAP NYA ANG KANYANG AMA, SI “ B “ AGAD KINUHA
ANG CP NI “ A “ DAHIL EMBECILE ITO.
CRIME - AN ACT OR OMISSION IN VIOLATION OF A PUBLIC
LAW, FORBIDDING OR COMMANDING IT.

WHAT IS THE DIFFERENCE OF FELONY, OFFENSE & INFRACTION?

 FELONY – AN ACT OR OMISSION PUNISHABLE BY LAW


WHICH IS COMMITTED BY MEANS OF DOLO (DECEIT),
CULPA OR (FAULT), PUNISHABLE BY RPC. (ART. 3815)

 OFFENSE – AN ACT OR OMISSION IN VIOLATION OF SPECIAL


PENAL LAWS.

 INFRACTION – AN ACT OR OMISSION IN VIOLATION OF CITY


OR MUNICIPAL ORDINANCES.
OMISSION – “ INACTION “, FAILURE TO PERFORM A POSITIVE
DUTY WHICH ONE IS BOUND TO DO. (PASAWAY)

ACT – KIND OF BODY MOVEMENT THAT PRODUCES


CHANGES IN THE OUTSIDE WORLD. MUST BE “ EXTERNAL “
WITH DIRECT CONNECTION OR WITH THE FELONY.

OVERT ACTS – EXTERNAL ACT WHICH IF CONTINUED IT


CONTINUED WILL LOGICALLY RESULT IN FELONY.
IN ADDITION, OVERT ACTS IS THE START OF CRIMINAL
LIABILITY BECAUSE THE OFFENDER HAS COMMENCED THE
COMMISSION OF AN OFFENSE WITH AN OVERT ACT.
MALA IN SE
AND
MALA PROHIBITA
“ MA-MA ”
LETS TAKE A LOOK!
MA LA INSE (REFERED AS RPC) G.R MALA PROHIBITA (REFERED AS SPL) G.R
• INHERENTLY EVIL OR BAD OR WRONGFUL IN ITSELF. • ACT THAT IS WRONG BECAUSE IT IS PROHIBITED.
• ACTS ARE OUTLAWED BECAUSE THEY VIOLATE BASIC • MORAL TRAIT IS NOT CONSIDERED.
MORAL VALUES (RAPE, ADULTERY, P.I, ASSAULT) • PROHIBITED MEANS “ NOT ALLOWED ”
• MORAL TRAIT OF OFFENDER IS CONSIDERED. • ILLEGAL POSSESSION OF F.A, TRAFFICKING, R.A 9165
EX: IT IS UPON THE DETERMINATION OF COURT IF OVERT EXAMPLE: IF YOU GIVE A PENNY TO THE BEGGAR AND YOU
ACT HAS DOLO (DECEIT) OR HAS CULPA (FAULT). IT GET CAUGHT. ARE YOU LIABLE OF PD 1563? BY THE BOOK
DETERMINES ALSO THE STAGES OF COMMISSION OF YOU ARE LIABLE. WHETHER YOUR INTENT IS GOOD OR IN
CRIMES (CON,FRU,AT) GOOD FAITH. © ATTY. JF
2 FORMS OF FELONIES
INTENTIONAL FELONIES CULPABLE FELONIES
• DELIBERATE INTENT OR MALICE • ACT OR OMISSION
• THERE IS FREEDOM OR VOLUNTARINESS WHEN • UNINTENTIONAL, SIMPLY THE INCIDENT BEING
THE PERSON ACTED ON HIS OWN. PERFORMED WITHOUT MALICE.
WHAT IS DOLO AND CULPA?
DOLO “ DECEIT “ – I F I CULPA “ FAULT “ – I F I N
• INTENT – RATIONAL CHOICE • INTELLIGENCE
• FREEDOM – MENTAL OBJECTIVE • FREEDOM
• INTELLIGENCE – INTELLECTUAL, JUDGEMENT, • IMPRUDENCE – “ LACK OF SKILL “
EDUCATED AND KNOWLEDGEABLE.
• NEGLIGENCE – “LACK OF FORESIGHT “
WHAT IS DIFFERENCE OF
NEGLIGENCE AND IMPRUDENCE?
• NEGLIGENCE “ LACK OF FORESIGHT “ • IMPRUDENCE “ LACK OF SKILL “
CARELESSNESS, LAXNESS, UNINTENTIONAL MALPRACTICE, PROFESSIONAL MISCONDUCT,
ACCIDENT USUALLY IN ROAD ACCIDENTS. UNEXPERIENCED IN PROFESSION.
EXAMPLE: NALIMUTAN MONG UMINOM NG COBRA, SA EXAMPLE: ISA KANG SURGEON, DAHIL DATI KANG
ANTOK AT NAKALIMUTAN MONG MAG SALAMIN NAKA EMPLEYADO SA NAIA, YOU COMMITTED RETAINED
BANGGA KA NG ISANG MOTO VLOGGER. SURGICAL BODIES.
STAGES OF COMMISSION OF CRIMES
“ C F A”

CONSUMMATED FRUSTRATED ATTEMPTED


ALL ELEMENTS NECESSARY FOR ITS EXECUTION OFFENDER HAS PERFORMED ALL THE ACTS OF EXECUTION WHEN THE OFFENDER COMMENCES THE COMMISSION OF A
AND ACCOMPLISHMENT ARE PRESENT. WHICH WILL PRODUCE THE FELONY AS A CONSEQUENCES CRIME DIRECTLY BY OVERT ACTS OF EXECUTION WHICH
BUT WHICH DO NOT PRODUCE IT, BY REASON OF CAUSES SHOULD PRODUCE THE FELONY BY REASON OF SOME CAUSE
INDEPENDENT OF THE WILL OF PERPETRATOR. OR ACCIDENT OTHER THAN SPONTANEOUS DESISTANCE.
CRIMINOLOGICAL
CLASSIFICATION
OF CRIMES

ACCORDING TO…
ACCORDING TO PLURALITY “ SC “
A. SIMPLE CRIME – SINGLE ACT CONSTITUTING ONLY ONE OFFENSE.
EX: COMMITTED THEFT.
B. COMPLEX CRIME – SINGLE ACT CONSTITUTING TWO OR MORE GRAVE FELONIES OR AN
NECESSARY MEANS FOR COMMITTING THE OTHER.
1. SINGLE ACT 2 OR MORE GRAVE OFFENSE ( DELITO COMPUESTO )
EX: THROWING A HAND GRENADE TO RALLIYIST.
2. NECESSARY MEANS FOR COMMITING THE OTHER, EXECUTE VARIOUS ACTS AND HAS A
SINGLE PURPOSE. ( DELITO COMPLEJO )
EX: KIDNAPPING A INNOCENT CHILD FOR PURPOSE OF EXTORTION.
KIDNAPPING WITH THROUGH SEDUCTION.
C. SPECIAL COMPLEX CRIME – LAW PROVIDES A SINGLE PENALTY FOR TWO OR MORE
COMPONENT OFFENSES.
EX: ROBBERY WITH HOMICIDE, ROBBERY WITH ARSON
ACCORDING TO THE
RESULT OF THE CRIME:
“ EX AC “
1. ACQUISITIVE CRIME – THE OFFENDER
ACQUIRES SOMETHING.
EX: ESTAFA, THEFT
2. EXTINCTIVE CRIME – THE CONSEQUENCES OF
THE ACT IS DESTRUCTIVE.
EX: ARSON, MALICIOUS MISCHIEF
ACCORDING TO TIME
OR PERIOD OF THE
COMMISSION OF THE
CRIME: “ CESI “
1. SEASONAL CRIME – IT IS COMMITTED ONLY
DURING A CERTAIN PERIOD OF THE YEAR.
EX: ELECTION YEAR, CHRISTMAS HOLIDAY
2. SITUATIONAL CRIME – IT IS COMMITTED ONLY
WHEN THE SITUATION IS CONDUCIVE TO ITS
COMMISSION.
EX: CROWDED PLACES COMMITTED PICK POCKET.
ACCORDING TO
LENGTH OF TIME:
“ IN EP ”
1. INSTANT CRIME – IT IS COMMITTED IN THE
SHORTEST POSSIBLE TIME.
EX: SNATCHING, CARNAPPING
2. EPISODIAL CRIME – IT IS COMMITTED BY A
SERIES OF ACTS IN A LENGTHY SPACE OF
TIME.
EX: KIDNAP FOR RANSOM, SERIAL MURDERER
ACCORDING TO PLACE
OR LOCATION: “ SC “
1. STATIC CRIME – IT IS COMMITTED IN ONLY
ONE PLACE.
EX: BOMBING THE CROWDED PLACE
2. CONTINUING CRIME – IT IS COMMITTED IN
SEVERAL PLACES.
EX: KIDNAPPING
ACCORDING TO
MENTAL FACULTIES:
“ IR RA “
1. RATIONAL CRIME – COMMITTED WITH
INTENT AND THE OFFENDER IS IN FULL
POSSESSION OF HIS SANITY. (NORMAL)
2. IRRATIONAL CRIME – COMMITTED BY AN
OFFENDER WHO DOES NOT KNOW THE NATURE
AND QUALITY OF HIS ACT ON AMOUNT OF THE
DISEASE OF THE MIND. (ABNORMAL)
ACCORDING TO TYPE
OF OFFENDER: “ H-BW “
1. WHITE COLLAR CRIME – IT IS COMMITTED BY A
PERSON BELONGING TO THE UPPER SOCIO
ECONOMIC CLASS IN THE COURSE OF HIS
OCCUPATIONAL ACTIVITIES.
EX: POLITICIANS, DOCTOR, ENGINEER, ATTORNEY
2. BLUE COLLAR CRIMES – IT IS COMMITTED BY
ORDINARY PROFESSIONAL CRIMINAL TO
MAINTAIN HIS LIVELIHOOD.
EX: MINIMUM WAGE EARNER, HAVING SMALL
BUSINESS.

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