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    Basic Maxims in Criminal Law

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    AnalynE.Ejercito-Beck
    This document outlines basic maxims in criminal law and classifications of crimes. It begins by stating four maxims: 1) there is no crime without a law establishing punishment; 2) the act is not criminal without criminal intent; 3) ambiguous penal laws should be interpreted in favor of the offender; 4) an act done against one's will is not their act. It then discusses various classifications of crimes based on manner of execution, stage of execution, gravity, nature, and division. It concludes by quoting Chancellor James Kent stating that without an independent judicial branch to interpret and enforce laws, a government will fail or other branches will overreach, destroying liberty.

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    Basic Maxims in Criminal Law

    Uploaded by

    AnalynE.Ejercito-Beck
    940 views2 pages
    This document outlines basic maxims in criminal law and classifications of crimes. It begins by stating four maxims: 1) there is no crime without a law establishing punishment; 2) the act is not criminal without criminal intent; 3) ambiguous penal laws should be interpreted in favor of the offender; 4) an act done against one's will is not their act. It then discusses various classifications of crimes based on manner of execution, stage of execution, gravity, nature, and division. It concludes by quoting Chancellor James Kent stating that without an independent judicial branch to interpret and enforce laws, a government will fail or other branches will overreach, destroying liberty.

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    Maxims in Criminal Law

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    This document outlines basic maxims in criminal law and classifications of crimes. It begins by stating four maxims: 1) there is no crime without a law establishing punishment; 2) the act is not criminal without criminal intent; 3) ambiguous penal laws should be interpreted in favor of the offender; 4) an act done against one's will is not their act. It then discusses various classifications of crimes based on manner of execution, stage of execution, gravity, nature, and division. It concludes by quoting Chancellor James Kent stating that without an independent judicial branch to interpret and enforce laws, a government will fail or other branches will overreach, destroying liberty.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    940 views2 pages

    Basic Maxims in Criminal Law

    Uploaded by

    AnalynE.Ejercito-Beck
    This document outlines basic maxims in criminal law and classifications of crimes. It begins by stating four maxims: 1) there is no crime without a law establishing punishment; 2) the act is not criminal without criminal intent; 3) ambiguous penal laws should be interpreted in favor of the offender; 4) an act done against one's will is not their act. It then discusses various classifications of crimes based on manner of execution, stage of execution, gravity, nature, and division. It concludes by quoting Chancellor James Kent stating that without an independent judicial branch to interpret and enforce laws, a government will fail or other branches will overreach, destroying liberty.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Basic Maxims in Criminal Law

    1. Nullum crimen, nulla poena sine lege. (There is no crime, when there
    is no law punishing the same).
    2. Actus non facit reum, nisi mens sit rea. ( The act cannot be criminal
    where the mind is not criminal).
    3. Doctrine of Pro Reo. Whenever a penal law is to be construed 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.
    4. Actus me invito, factus non est meus actus. (An act done to by me
    against my will is not my act).
    Crime is a generic term used to refer to a wrongdoing punished either
    under the Revised Penal Code or under Special Law.344u
    Various Classifications of Crimes:
    1.
    As to manner or mode of execution
    1.1.
    Dolo or felonies committed with deliberate intent.
    1.2.
    Culpa or those committed by means of fault.
    2.
    As to Stages of Execution
    2.1.
    Consummated
    2.2.
    Frustrated
    2.3.
    Attempted
    3.
    As to gravity
    3.1. Light felonies
    3.2. Less grave felonies
    3.3. Grave felonies
    4.
    As to nature
    4.1.
    Mala in se
    4.2.
    Mala prohibita
    5.
    As to count
    5.1.
    Composite or special complex
    5.2.
    Complex, under Art 48
    5.3.
    Continuing
    6.
    As to division
    6.1.
    Formal felonies. Those which are always consummated (e.g.
    6.2.

    physical injuries)
    Material felonies. Those which have various stages of

    6.3.

    execution.
    Those which do not admit of the frustrated stage. (e.g.
    rape and theft)

    Where there is no judicial department to interpret and execute the


    law, to decide controversies, and to enforce rights, the government
    must either perish by its own imbecility or the other departments of
    government must usurp powers for the purpose of commanding obedience,
    to the destruction of liberty.

    Chancellor James Kent

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