Vosotros, Jules Andre B.

DISTINGUISH MALA IN SE FROM MALA PROHIBITA

As a general rule, crimes mala in se concern inherently immoral acts, while acts punished under a
special law are malum prohibitum wherein malice or criminal intent is completely immaterial.

The following are the difference of Mala In Se and Mala Prohibita

1) As to Nature

Mala in Se: inherently wrong from its very nature

Mala Prohibita: wrong because it is prohibited by law.

2) As to Use of Good Faith as a Defense

Mala in Se: good faith is a valid defense; unless the crime is the result of culpa.

Mala Prohibita: good faith is not a defense.

3) As to Use of Intent as an Element

Mala in Se: Intent is an element

Mala Prohibita: Criminal intent is not required. Only intent to perpetrate the act prohibited by
law will suffice.

4) As to Degree of Accomplishment of the Crime

 Mala in Se: The degree of accomplishment of the crime is taken into account in punishing the
offender.

Mala Prohibita: The act gives rise to a crime only when it is consummated.

5) As to Mitigating and Aggravating Circumstances

Mala in Se: mitigating and aggravating circumstances are taken into account in imposing the
penalty.

Mala Prohibita: mitigating and aggravating circumstances are generally not taken into account.