Professional Documents
Culture Documents
2. Felony - Crime is any act punishable by Revise Episodic Crime – Those committed by a series
Penal Code. of acts undertaken in a lengthy space of time.
3. Misdemeanor – Crimes is ant act punishable by 4. As the place of location of the commission
City or municipal Ordinances. Static Crimes – Those committed in only one
4. Delinquency - Crimes is any act committed by place
minor offenders. (CICL Child Conflict with the Continuing Crimes – those that can be
Law) or delinquent committed in several places. (Piracy)
5. As to the use of mental faculties.
Criminological Classification of crimes
Rational Crimes – Those committed with
1. As a result of the crime. intention and offender is in full possession of his
Acquisitive Crime – when the offender sanity.
acquires something as a consequences of his Irrational Crimes – those committed by
criminal act. (Theft, robbery, estafa) persons who do not know the nature and quality
Extinctive Crime – when the result of the of their acts on account of the disease of the
criminal is destructive or lost. (Homicide, mind.
murder, infanticide, parricide, arson) 6. As to the type of offenders
Homicide – it is unlawful killing of a person not White collar crimes – those committed by
constituting murder, parricide or infanticide persons of respectability and of upper socio-
Art. 246. Parricide. — Any person who shall kill economic class in the course of their
his father, mother, or child, whether legitimate occupational activities (Adulteration of food by
or illegitimate, or any of his ascendants, or manufacturer, fraud) (Taong nabibilang sa
descendants, or his spouse, shall be guilty of mataas na uri ng lipunan na gumawa ng crimen
parricide and shall be punished by the penalty na kaugnay sa kanyang trabaho o propesyon)
of reclusion Perpetua to death. Blue collar crimes – those committed by
Infanticide – it is committed by any of any ordinary professional criminal to maintain their
person who kills a child less than three (3) years livelihood (petty thievery) (taong nabibilang sa
old. The deceased child was less than 72 hours pangkaraniwang uri ng lipunan na nakagawa
old or 3 days old, the offender is either the ng crimen na kaugnay sa kanyang trabaho.)
parents, ascendants or even a stranger.
2. As to the time or period committed 7. As to the standard of living of the criminals
Seasonal Crime – those committed only during Crimes of the upper world – Falsification cases
a certain period of the year (violation of tax law, (taong kabilang sa upper class of society na
violations of the omnibus election code) nakagawa ng crimen)
Situational Crime – Those committed only Crimes of the underworld – bag snatching
when given situation is conductive to its (taong kabilang sa lower class of society na
commission or the opportunity to commit crime nakagawa ng crimen)
a rises. (Anytime of opportunity)
3. As a length of the time committed Legal Classification of Crimes
Instant Crime – Those committed in the
Crimes against National Security and the Law of
shortest possible time.
Nations. (During the war only)
Example: Treason- levying against the country, owner’s consent unless duly authorized by
Espionage (ispiya) Piracy- act of forcible the court.
depredation in any Philippine water. To be punishable, acts must be committed by
authorized a public officer
1. Crimes against the Fundamental Law of the b. Search warrant is maliciously obtained and
state abuse in the service of those legally
Example: Arbitrary Detention, Violation of the obtained. ( search warrant last for 10 days
Domicile only)
Arbitrary Detention Plain view Doctrine evidence that you see
a. Any public officer or employee who, even though it is not specified in that search
without legal grounds, detains a person, warrant.
shall suffer the penalty. c. Searching should be done with witness it
(A public officer with power to arrest) (Legal should be the owner, relatives of the owner,
grounds are the following commission of crime, 2 residents presiding in the same barangay.
violent insanity, ailment requires compulsory,
confinement in the hospital) 2. Crimes against Public Order Example:
b. failure to deliver the legally arrested person Rebellion, Sedition, Coup d’état
before the judicial authority within the Rebellion or insurrection
period prescribed by the law a. Committed by rising publicly and
taking arms against the government.
Warrantless arrest b. Act of over throwing away the establish
government with numerous number of
12 hours light felony- light penalty
people, to remove alliance to the
18 hours less grade felony – correction penalty government.
Sedition – the crime of sedition is
36 hours grave – capital afflictive penalty
committed by persons who rise publicly and
Note: holidays weekdays and night days only in
tumultuously in order to attain by force,
working hours.
intimidation or other means for a political
Delaying release an agent with authority that and social changes with multitude number
delayed the release of an offender. of people.
Murder Art. 248. — any person who, not Incestuous rape- a person who rape any of
falling within the provisions of Article 246 her relatives (blood relation)
shall kill another, shall be guilty of murder
Statutory rape- 12 years of age of the
and shall be punished by reclusion temporal
demented (nang rape ng bata under 12
in its maximum period to death, if
years old and below na hindi nya kamag
committed with any of the following
anak)
attendant circumstances:
Homicide unlawful killing without the Fraudulent machination or grave abuse
presence of qualifying circumstances (hindi of authority
planado).
Physical Injuries
Qualifying circumstances are the
Art. 263. Serious physical injuries. — Any
circumstances that changes the nature of a
person who shall wound, beat, or assault
crime. Those act of killing by means of
another, shall be guilty of the crime of
poison, fire, motor vehicle, evident
serious physical injuries and shall suffer:
premeditation, Treachery ( evident
The penalty of prison mayor, if in
premeditation is that you have the time to
consequence of the physical injuries
think weather to do your plan of killing or
inflicted, the injured person shall become
not but still you do the act of killing) (
insane, imbecile, impotent, or blind;
treachery is that the opponent has no
Art. 265. Less serious physical injuries —
chance to protect herself/ himself)
Any person who shall inflict upon another
Rape two kids of rape (sexual intercourse
physical injuries not described in the
and sexual assault) that the offender is a
preceding articles, but which shall
man, that the offender had the carnal
incapacitate the offended party for labor for
knowledge of a woman. That the carnal
ten days or more, or shall require medical
knowledge was committed under of any
assistance for the same period, shall be
circumstances
guilty of less serious physical injuries and
a. By using force or intimidation or
shall suffer the penalty of arresto
b. When a woman is deprived of reason or
mayor.chanrobles virtual law library
otherwise unconscious
c. When the woman is under 12 years old
7. Crimes against Properties Example: Robbery
or demented even though none of the
and theft (any moveable objects exempting )
circumstances mentioned above be
Robbery – means taking personal property
present.
of another with intent to gain by means of
Attempted rape- not touching the lips of violence against persons or intimidation of
the vagina person using force upon anything. (For
entrance, pumasok sa kahit anong parte ng
Consummated rape- totally touch the lips
bahay not intended for entrace)
of the vagina
Two ways of committing Robbery
Marital rape- married person (ni-rape ng 1. By means of violence against or
asawa) intimidation of persons. Ex: robbery
hold-up, robbery snatching, robbery
extortion, robbery with homicide, kill him shall have been made
robbery with rape, robbery with arson chanrobles virtual law library
2. By using force upon things 4. If the person kidnapped or detained
Theft -just like in the crime of robbery the shall be a minor, female or a public
subject, theft is also personal property only. officer chanrobles virtual law library
Under the law on property, personal If the offender shall voluntarily release the
properties are those movable properties. person so kidnapped or detained within
Thus, if the object involved is immovable or three days from the commencement of the
real properties the accused may have detention, without having attained the
committed some other crime but not theft. purpose intended, and before the
Taking is done with intent gain. Taking is institution of criminal proceedings against
without the consent of the owner. Taking is him, the penalty shall be prison mayor in its
accomplish without of violence against or minimum and medium periods and a fine
intimidation of person or force upon things. not exceeding seven hundred pesos
(For exit, not intended for exit)
8. Crimes against Personal Liberty and Security Trespass to dwelling any private person
Example: Illegal Detention, Kidnapping, who shall enter the dwelling of another
trespass to dwelling, Threat and coercion against the latters will shall be punish , any
Illegal Detention is the unjustifiable person that will enter to the property
imprisonment or the unlawful deprivation without the permission of the owner.
of liberty of a person by way of arrest for a
wrongful cause or suspicion and the Threat statement that someone will hurt
continued restriction of personal freedom or harmed if the person does not do
by retaining such person in custody. This is something in particular
done by a private person.
Kidnapping Coercion (pamimilit)
Art. 267. Kidnapping and serious illegal
detention. — Any private individual who 9. Crimes against Chastity (private crimes)
shall kidnap or detain another, or in any Example: Concubine, Adultery, Seduction,
other manner deprive him of his liberty, Abduction Acts of Lasciviousness Chastity
shall suffer the penalty of reclusion Concubinage any husband who shall keep
perpetua to death: a mistress in the conjugal dwelling, or, shall
1. If the kidnapping or detention shall suffer intercourse, under scandalous
have lasted more than five days circumstances under scandalous
chanrobles virtual law library circumstances, with a woman who is not his
2. If it shall have been committed wife or shall be punished by prison
simulating public authority chanrobles correctional in its minimum and medium
virtual law library periods.
3. If any serious physical injuries shall Adultery The woman is married, she has
have been inflicted upon the person sexual intercourse with a man not her
kidnapped or detained; or if threats to husband and as regards the man with
whom she has sexual intercourse, she must status, or circumstance tending to cause the
know her to be married. dishonor, discredit, or contempt of a
Seduction the seduction of a virgin over natural or juridical person, or to blacken the
twelve years and under eighteen years of memory of one who is dead. (Insulting by
age, committed by a person in public writing it maybe in the social media)
authority, priest , house servant, domestic, Oral Defamation or slander - serious and
guardian, teacher or any person in any insulting nature in verbal (insulting by oral)
capacity, shall be entrusted with education Slander by deeds – ipinahiya
or custody shall be punish. Any person who sapamamagitan ng actions
shall seduce his sister or descendant, 12. Quasi-offenses or Criminal Negligence
whether or not a virgin or over eighteen Example: Imprudence and Negligence
years of age Imprudence any act in which had been
intentional, would constitute a grave felony,
Abduction Acts of Lasciviousness
in damage to property of another.
Offender commits any acts of lasciviousness (kapabayaan)
or lewdness upon other person of either sex Negligence any act due to neglection of
under the circumstances. It is committed by duty. Voluntary but not intentional.
using force or intimidation, when the
The Criminals
offended party is deprived of reason or
- A person who has committed a crime and has been
otherwise unconscious, when the offended convicted by a court of the violation a criminal law
party is under 12 years of age. The offended (legal definition) (nahatulan ng pagkabilanggo)
party is another person of either sex. - a person who violated a social norm or one who did an
anti-social act. (social definition) (taong nilabag ang
10. Crimes against Civil Status of Persons batas ng lipunan)
Example: Bigamy, and other Illegal Marriages - a person who violated rules of conduct due to
behavioral maladjustment.(psychological definition)
(taong nilabag ang batas ng wala sa tamang pag iisip)
Criminological Classification of Criminals
Bigamy and other Illegal Marriages A. Based on Etiology
1. Acute Criminal (By emotions) one who
Bigamy shall imposed upon any person who
violates a criminal law because of impulse
shall contract a second or subsequent
or fit of passion: they commit passionate
marriage has been legally dissolved, or crimes.(taong nakagawa ng krimen dahil sa
before the absent spouse has been declared matinding emosyon na nararamdaman)
presumptively dead by means of judgment 2. Chronic Criminal (by intent) is one who
rendered in the proper proceedings. commits crimes acted in consonance of
deliberated thinking they plan the crime a
11. Crimes against Honor Example: Libel, Oral head of time: they are targeted offenders
Defamation (taong nagcommit ng crime na naglaan ng
Libel public and malicious imputation of a oras o nagplano sa paggawa ng krimen)
crime, or of a vice or defect, real or B. Based on Behavioral System
imaginary, or any act, omission, condition, 1. Ordinary Criminal (Situational) is
considered the lowest form of criminal in a
criminal career: does not stick to crime as a 1. Habitual Delinquent- elements with 10
profession but rather pushed to commit years from the date of release/ last
crimes due to great conviction: serious/ less serious physical
opportunity.(pinakamababang criminal na injury, Falsification, estafa and robbery:
gumagawa ng crime sat wing may third time or oftener (criminal
opportunity) 2. Recidivist – crimes that is under legal
2. Organized Criminal (for financial) one classification of crimes. Committing same
who associate himself with another crime under the same tittle.
criminal to earn a high degree of
organization to enable them to commit Criminal Behavior
crimes easily without being detected by
authorities.(taong naghahanap ng kasama – Is an intentional behavior that violates a
upang makapagcommit ng crime ng hindi criminal code
nahuhuli ng mga authority) – May also refer to the study the human conduct
3. Professional Criminal (livelihood) is a focused on the mental processes of the
person who engaged in criminal activities criminals: the way he behaves or acts including
with high degree(taong nagcocommit ng his activities and the causes and influences if his
crime gamit ang kanyang trabaho) criminal behavior.
C. Based on activities
1. Professional Criminals (they been a Victimology
criminal because they made the crime for
– study of victims of crimes and contributory role,
they daily income or source of livelihood
if any, in crime causation.
this is just like the previous professional
criminal dalawa lang ang binagsagan pero – It also the scientific process of gaining
pareho ng meaning) this are those who substantial amounts of knowledge on offender
practice crime as a profession for a living: characteristics by studying the nature of
criminal activity is constant in order to earn victims.
skill and develop ability in their
Approaches And Theories Of Crime
commission.
2. Accidental Criminals are those who -it deals of idea and explanation particular individual
commit crimes when the situation is commit a crime.
conductive to its commission.
3. Habitual Criminals are those who The Approaches In The Study Of Crime:
continue crime because of deficiency of
1. Subjective Approach
intelligence and lack of self-control
D. Based on Mental Attitudes 2. Objective Approach
1. Active Criminals are those who commit 3. Contemporary Approach
crimes due to aggressiveness.
2. Passive Inadequate Criminals are those Subjective Approaches- it deals mainly on the
who commit crimes because they are biological explanation of crimes, focused on the
pushed to it by reward or promise. forms of abnormalities that exist in the
3. Social Delinquencies are criminals who individual criminal before, during and after the
are normal behavior but defective in their commission of the crime.
socialization process or development.
Legal Classification of Criminals
-roots of criminal behavior not to physical features but conduct lies not in the individual but in the group and
to their psychological equivalents, which he called the social organization.
“moral anomalies” – according to this theory, natural
Durkheim Proposed Principles
crimes are found in all human societies, regardless of
the view of lawmakers and no civilized society can Crime is a natural thing in the society,
afford to disregard them. The concept of wrong is necessary to give
meaning to right.
Types Of Criminal By Rafalle Garofalo
Crime help the society for changes- it means
1. Murderers- those who are satisfied from that a society to be flexible to permit positive
vengeance/revenge. deviation must permit negative deviation as
2. Violent Criminals- are those who commit very well.
serious crimes.
3. Deficient Criminals- those who commit crime
against property Sigmund Freud (1856-1969)
4. Lascivious Criminals- those who commit
-Psychologists have considered a variety of
crime against chastity
possibilities to account for individual differences-
defective conscience, emotional immaturity,
inadequate childhood socialization, maternal
CLASSICAL SCHOOL POSITIVIST
deprivation, SCHOOL
poor moral development.
- study of the interrelationship of people and -he combines the biological and psychological
their environment. explanation to understand deviant behavior.
Asthenic- lean, slightly built, narrow c. Ectomorphy - thin physique, flat chest, delicacy
shoulders through the body, slender, poorly muscled. They tend
Athletic- medium to tall, strong, muscular, to look more fatigue and withdrawn.
course bones
Pyknic- medium height, rounded figure,
massive neck, broad face Edwin Sutherland (1883-1950)
Kretschmer related this body physiques to various -he was considered as the “Dean Of Modern
psychotic behavioral patterns: Pyknic to manic Technology”
depression, asthenics and athletics to -has been referred to as “the most important
schizophrenia. criminologist of the twentieth century” because his
William H. Sheldon (1898-1977) explanation about crime and criminal behavior can be
seen as a corrected extension of social perspective.
-is an influenced of the Somatotype School as the
Differential Association Theory -he advocated the
of Criminology, which related body built to
DAT which maintains that the society is composed of
behavior. different group organization, the societies consist of a
-he became popular of his own Somatotyping Theory. group of people having criminalistics tradition and
anti-criminalistics tradition.
-his key ideas are concentrated on the principle of
“Survival of the Fittest” as a behavioral science. -and that criminal behavior is learned and not
inherited. It is learned through the process of
communication, and learning process includes -this theory assumes that for every individual there
technique of committing the crime, motive and exists a containing external structure and a protective
attitude. internal structure, both of which provide defense,
protection or insulation against crime or delinquency.
Sutherland’s Nine Propositions
According to Walter Reckless the outer structure of
1. Criminal behavior is learned.
an individual are the external pressures such as
2. Crime is learned by participation with others
poverty, unemployment and blocked opportunities
in verbal and non-verbal communications.
while the inner containment refers to the person’s self-
3. Families and friends have the most influence
control ensured by strong ego, good self image, well
on learning process.
developed conscience, high frustration tolerance and
4. The learning process includes the techniques
high sense of responsibility.
of committing the crime and the specific
direction of motives, drive and attitude. Karl Marx, Frederick Engel, Willem Bonger (1818-
5. Not everyone in the society agrees that the 1940)
laws should be obeyed; some people define it
-they are the proponents of the Social Class Conflict
unimportant.
And Capitalism Theory
6. A person becomes delinquent because of an
excess definition favorable to the violation of Karl Marx And Frederick Engel- claims that the
laws over to the definitions unfavorable to the ruling class in a capitalist society is responsible for the
violation of laws. creation of criminal law and their ideological bases in
7. Differential associations vary in frequency, the interpretation and enforcement of the law. All are
duration, priority and intensity. The extent to reflected in the ruling class, thus crime and
which associations and definitions will result delinquency are reflected on the demoralized surplus
in criminality is related to the frequency of of population, which is made up of the underprivileged
contacts and their meaning to the individual. usually the unemployed and underemployed.
8. The process of learning criminal behavior by
Willem Bonger- a Marxist-Socialist, on the other
association with criminal and anti-criminal
hand, placed more emphasis on working about crimes
patterns involves all the mechanisms that are
of economic gain. He believes that profit- motive of
involved in any other learning.
capitalism generates an egoistic personality. Crime is
9. While criminal behavior is an expression of
an inevitable outcome.
general needs and value, it is not explained by
those general needs and values, since non- Late 20th century: The Contemporary Pioneers
criminal behavior is an expression of the same
needs and values. Robert King Merton (1910)
Walter Reckless (1899-1988) -is the premier sociologist of the modern days who,
after Durkheim, also related the crime problem to
-A broad analysis of the relationship between personal anomie.
and social controls founded in his theory.
Strain Theory - which maintains that the failure of
Containment Theory- this theory is a form of control, man to achieve a higher status of life caused them to
which suggests that a series of both internal and commit crimes in order for that status/goal to be
external factors contributes to criminal behavior. attained.
-he argued that crime is a means to achieve goals Frank Tennenbauin, Edwin Lemert, Howard Becker
and the social structure is the root of the crime (1822-1982)
problem.
Labelling Theory
-Merton’s explanation to criminal behavior assumes
-they advocates the it is when a person was described
that people are law abiding but when under great
or labeled as such.
pressure will result to crime.
Earl Richard Quinney (1934)
Albert Cohen (1918)
-he is a Marxist Criminologist who advocated the
-he advocated the Sub-Culture Theory Of
Instrumentalist Theory- he argued that the state
Delinquency
exist as a device for controlling the exploited class- the
-he claims that the lower class cannot socialize class that labors for the benefit of the ruling class. He
effectively as the middle class in what is considered claims that upper classes create laws that protect their
appropriate middle class behavior. Thus, the lower interest and at the same time the unwanted behavior
class gathered together share their common problems, of all other members of society.
forming a subculture that rejects middle class values.
Major Contribution Of Quinney:
He called this process as Reaction Formation. Much
of this behavior comes to be called delinquent -he proposed the shift in focus from looking for the
behavior; the subculture is called a gang and the kids causes of crime from the individual to the examination
are called delinquents. He put emphasis on the of the Criminal Justice System for clues.
explanation of prevalence, origins, process and
Other Theorists
purposes as factors to crime.
Charles Darwin’s Theory
Gresham Sykes (1922)
-in the Theory Of Evolution, he claimed that humans,
-he advocated the Neutralization Theory- it
like other animals, are parasite. Man is an organism
maintains that an individual will obey or disobey
having an animalistic behavior that is dependent on
societal rules depending upon his or her ability to
other animals for survival. Thus, man kills and steals
rationalize whether he is protected from hurt or
to live.
destruction. People become law abiding if they feel
they are benefited by it and they violate it if these laws Charles Goring’s Theory (1870-1919)
are not favorable to them.
-he concluded that there is no such thing a
Lloyd Ohlin (1928) physical chemical type. He contradicted the
Lombroso’s idea that criminality can be seen through
-he advocated the Differential Opportunity Theory-
features alone. He also accepted that criminals are
this theory explained that society leads the lower class
physically inferior to normal individuals in the sense
to want things and society does things to people.
that criminals tend to be shorter and have less weight
-he claimed that there is differential opportunity, or than non-criminals.
access, to success goals by both legitimate and
Earnest Hooton’s Theory
illegitimate means depending on the specific location
of the individual with in the social structure.
Adolphe Quetelet
Alphonse Bertillon