Intro 3RD

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THEORIES OF CRIME AND

CAUSATION

Concepts, Nature
and Classification
of Crime
CRIME may be defined as:
An act or omission in violation
of a criminal law in its legal
point.
An anti-social act; an act that is
injurious, detrimental or harmful
to the norms of society; they
are the unacceptable acts in its
social definition.
CRIME may be defined as:
Psychologically, crime is an act,
which is considered undesirable due
to behavioral maladjustment of the
offender; acts that are caused by
maladaptive or abnormal behaviors.
CRIME is also a generic name that
refers to offense, felony and
delinquency or misdemeanor.
Offense
infractions of the law punished by special
laws (a special law is a statute enacted by
Congress, penal in character, which is not an
amendment to the Revised Penal Code) such
as Republic Acts, Presidential Decrees,
Executive Orders, Memorandum Circulars,
Ordinances and Rules and Regulations.
Offenses are generally termed as crimes mala
prohibita – those that are wrong merely
because they are prohibited by statutes such
as illegal possession of firearms.
Felony (Delito)
• is an act or omission punishable by the
Revised Penal Code (RPC) of the
Philippines. It is committed by means of
deceit (dolo) or by means fault
(culpa).
• Felonies are generally termed as crimes
mala in se – those that are wrongful
from their nature such as murder, theft,
robbery, etc.
Delinquency/Misdemeanor –

acts that are in violation of


simple rules and
regulations usually
referring to acts committed
by minor offenders.
Important terms to consider:
Act means any bodily movement tending to
produce some effect in the external world
(external act). Only external act is punished.
Hence, a criminal thought or a mere
intention, no matter how immoral or
improper it may be, will never constitute a
felony.
Omission is meant inaction, the failure to
perform a positive duty which is one is
bound to do so. However, there must be a
law requiring the doing or performance of an
act.
Important terms to consider:
Dolo (Deceit) – it is deceitful when
there is deliberate intent (otherwise
known as intentional felony) or the
act or omission of the offender is
malicious. The offender has the
intention to cause an injury to
another.
Most of the felonies defined and
penalized under RPC are committed
by means of dolo or with malice.
Important terms to consider:
Culpa (Fault) – it is culpable felony when
the act or omission of the offender is not
malicious. The injury caused in
“unintentional” – simply, the incident of
another act performed without malice –
the wrongful act results from imprudence
(deficiency of action, and negligence
(deficiency of perception). Negligence
usually involves lack of foresight; while,
imprudence involves lack of skill.
Important terms to consider:
There are few felonies under RPC that are
committed by means of fault or culpa –
this includes: Art 217 punishes
malversation through negligence, Art 224
punishes evasion through negligence, Art
365 punishes acts by imprudence or
negligence – all are found in Book II of
the Revised Penal Code.
There are crimes which cannot be
committed through imprudence or
negligence, such as murder, treason,
robbery and malicious mischief.
Criminological Classification of
Crimes:

Crimes are classified in order


to focus a better understanding
on their existence.
Criminologists consider various
criminological classification of
crimes which includes:
Acquisitive and Extinctive Crimes

Acquisitive Crime is one which


when committed the offender
acquires something as a
consequence of his criminal act.
The crime is extinctive when
the result of criminal act is
destruction.
Seasonal and Situational Crimes

Seasonal crimes are those


that are committed only at
certain period of the year,
while situational crimes are
those that are committed
only when given a situation
conducive to its commission.
Episodic and Instant Crimes

Episodic crimes are serial


crimes, they are committed by
series of act within a lengthy
space of time. Instant crimes
are those that are committed
the shortest possible time.
Static and Continuing Crimes

Static crimes are crimes


that are committed only in
one place. Continuing
crime are crimes that are
committed in several
places.
Rational and Irrational Crimes

Rational crimes are those


committed with intent; offender
is in full possession of his mental
faculties /capabilities while
irrational crimes are committed
without intent; offender does not
know the nature of his act.
White Collar and Blue Collar Crimes

White Collar Crimes are those


committed by a person of
responsibility and of upper socio-
economic class in the course of their
occupational activities. Blue Collar
Crimes are those committed by
ordinary professionals to maintain
their livelihood.
Upper World and Underworld
Crimes

Upper World Crimes are


those committed by individuals
belonging to the upper class of
society. Under World Crimes
are committed by members of
the lower or under privilege
class of society.
Crimes by Imitation and Crimes by
Passion

Crimes by Imitation are


crimes committed by merely
duplication of what was done
by others. Crimes by Passion
are crimes committed because
of the fit of great emotions.
Service Crimes

Service Crimes refers


to crimes committed
through rendition of a
service to satisfy desire
of another.
Legal Classification of Crimes

Under the Revised


Penal Code of the
Philippines (A source of
Philippine Criminal Law),
crimes are classified as:
1. Crimes against National Security
and the Law of Nations.
◦ Example – Treason, Espionage, Piracy
2. Crimes against the Fundamental
Law of the State.
◦ Example – Arbitrary Detention,
Violation of Domicile
3. Crimes against Public Order.
◦ Example – Rebellion, Sedition, Coup
d’etat
4. Crimes against Public Interest.
◦ Example – Forgery, Falsification,
Fraud

5. Crimes against Public Morals


◦ Example – Gambling and betting,
offences against decency and good
customs like scandals, obscenity,
vagrancy, and prostitution
6. Crimes Committed by Public
Officers
–Example – Malfeasance and
Misfeasance

7. Crimes against Person


–Example – Murder, Physical Injuries

8. Crimes against Properties


–Example – Robbery, Theft
9. Crimes against Personal Liberty and
Security
◦ Example – Illegal Detention, Kidnapping,
Trespass to Dwelling, Threat and Coercion

10. Crimes against Chastity


◦ Example – Concubinage, Adultery,
Seduction, Abduction, Acts of
Lasciviousness, rape

11. Crimes against Civil Status of Persons


◦ Example – Bigamy and Other Illegal
Marriages
11. Crimes against Honor
◦ Example – Libel, Oral Defamation

12. Quasi-offenses or
Criminal Negligence
◦ Example – Imprudence and
Negligence

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