DIVINE MERCY COLLEGE

FOUNDATION INC. 129 University

Avenue, Caloocan City
Criminology Department

CRIM 1: Introduction to Criminology

Prof. Beverly N. Yco, RCrim, MSCrim

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.”
- a body of knowledge regarding crimes, criminals and the efforts of society to prevent and
repress them.
- the scientific study of the causes of crime in relation to man and society who set and define
rules and regulations for himself and others to govern

Criminologist (R.A. 6506)

- any person who is a graduate of the Degree of Criminology, who has passed the examination
for criminologists and is registered as such by the Board of Examiners of the Professional
Regulation Commission (PRC).

Origin of the word “Criminology”

Etymologically, the term criminology came from the Latin word “crimen” meaning crime and
Greek word “Logos” which means “to study”.

In 1885, Rafael Garofalo, an Italian Law Professor coined the term criminologia.

In 1889, Paul Topinard, French Anthropologist, used the term criminology in French
criminologie for the first time

Principal Divisions of Criminology

1. Etiology of Crimes – the scientific analysis of the causes of crimes and the criminal behavior.

2. Sociology of Law – refers to the investigation of the nature of criminal law and its administration

3. 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.

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FOUNDATION INC. 129 University
Avenue, Caloocan City
Criminology Department

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

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).

⮚ ACT OF COMMISSION – when the act performed is in violation of a law forbidding it ⮚

ACT OF OMISSION – when the person failed to perform an act that is commanded by law

TRIANGLE OF CRIME/ELEMENTS OF CRIME

DESIRE CAPABILITY

CRIME

OPPORTUNITY

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 DIVINE MERCY COLLEGE
FOUNDATION INC. 129 University
Avenue, Caloocan City
Criminology Department

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

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.

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 DIVINE MERCY COLLEGE
FOUNDATION INC. 129 University
Avenue, Caloocan City
Criminology Department

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.

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 DIVINE MERCY COLLEGE
FOUNDATION INC. 129 University
Avenue, Caloocan City
Criminology Department

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.

STATISTICAL FORMULA:

1. Crime Rate – the number of incidents in a given period of time for every 100, 000 inhabitants of
an area/place.

Formula:
���������� ������������
CR = { �������������� } �� 100, 000
_________________________ ������

2. Crime Volume

- the number of crimes reported as to its classification, whether index or non-index , within a given
period

CRIME V = CRIME RATE X TOTAL POPULATION

100,000

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.
1. Neurotic criminal – is one who has mental disorder.
2. Normal criminal – a person who commits crimes because he looks up to, idolizes
people who are criminals.

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 DIVINE MERCY COLLEGE
FOUNDATION INC. 129 University
Avenue, Caloocan City
Criminology Department

2. According to the type of offender:

a. Ordinary criminal – a criminal who engages in crimes which do not require specialized or
technical skill
b. Organized criminal – is one who possesses some skills and know-how which enable him to
commit crimes and evade detection.
c. 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

CRIMINAL LAW

– is that branch of public law which defines crimes treats of their nature and provides for their
punishment.

SOURCES OF CRIMINAL LAW

1) THE REVISED PENAL CODE

2) SPECIAL PENAL LAWS PASSED BY CONGRESS
3) PRESIDENTIAL DECREES ISSUED BY THE FORMER PRESIDENT MARCOS DURING
MARTIAL LAW

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.

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

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Criminology Department

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 3) CODE OF DRAKON

- knows as the “ultimate in severity”

- codified by Drakon, the Athenian lawgiver of the seventh century BC

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

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

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.

a. Articles 1-20 – principles affecting criminal liability

b. Articles 21-113 – penalties including criminal and civil liability
c. 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

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FOUNDATION INC. 129 University
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 Criminology Department

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:

a) should commit an offense while on Philippine ship or airship;

b) should forge or counterfeit any coin or currency note of the Philippine Island or obligations and
securities issued by the government of the Philippines;
c) while being a public officer or employee, should commit an offense in the exercise of their
functions’
d) 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.

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