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.