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MODULE for
INTRODUCTION TO CRIMINOLOGY
(CRIM1)
PRELIMINARY PERIOD
INTRODUCTION
ACKNOWLEDGEMENT
I would like to thank the following persons for the assistance extended
in successfully developing this module:
Most of all, to our Almighty God, for giving his endless blessings,
knowledge, strength and wisdom to make this module possible.
Thank You!
CRIM1
INTRODUCTION TO CRIMINOLOGY
PRELIMINARY PERIOD
The first phase involved when scholars first distinguished crime from sin,
they made possible explanations of criminal behavior that were
not theological (religious). This, in turn, allowed for the dispassionate,
scientific study of why crime occurs. The development of this study is
now known as the era of classical criminology.
The third phase, beginning in the second half of the 20th century, may
best be called independent criminology. During this period,
criminology began to assert its independence from the traditional
disciplines that spawned it. In Western Europe, the United States, and
Canada, criminologists expanded their
professional associations and published an increasing number of
journals. A number of universities developed graduate programs in
criminology: Criminological theories have become more
multidisciplinary (spanning various fields of study) because
independent criminologists seek to understand
crime itself rather than study crime as one aspect of an overall
sociological or psychological theory.
1. Criminal Etiology
2. Sociology of Law
3. Penology
1. Swift/Celerity
2. Certain
3. Severe
JUSTIFICATIONS OF PUNISHMENT
Productive of Suffering
Personal
Legal
Equal
Certain
Correctional
EVOLUTION OF CRIMINOLOGY
Note: In 1885, Italian law professor Rafaelle Garofalo coined the Italian
term criminologia. The French anthropologist Paul Topinard used it for
the first time in French “Criminologie” around the same time. The word
“Criminology” was also first used by Paul Topinard.
WHAT IS CRIMINOLOGY?
SCOPE OF CRIMINOLOGY
3. The reaction towards the breaking of laws - This involves the study
of the reaction of people and government towards the breaking of
laws.
CRIMINOLOGY IS:
social science
CRIMINALISTICS IS:
applied science
However, all these purposes fall on either of the two (2) primary
aims of studying criminology.
*BRANCHES OF CRIMINOLOGY
Criminology is:
What is crime? Was derived from the latin word “KRIMEN” which
means accusation or offense.
EXAMPLE:
ACT No. 3815 is the law created the REVISED PENAL CODE in the
Philippines on January 1, 1932.
PRE-CLASSICAL THEORY:
1. Unfair
2. Unjust
3. The nature and definition of punishment is not individualized
4. It considers only the injury caused not the mental condition of
the offender.
* DURA LEX SED LEX. “THE LAW MAY BE HARSH BUT IT IS THE LAW”
1. SWIFT OR CELERITY
2. SEVERITY
3. CERTAINTY
*OCULO PER OCULO DENTE PER DENTE or “AN EYE FOR AN EYE AND A
TOOTH FOR A TOOTH”, a biblical passage.
as opposed to:
HOLY THREE:
POSITIVIST THEORY
Theory uses science to define crimes and its causes.
Criminals commit crime because of certain illness that forced to
commit crime.
Proposed imprisonment as a form of punishment for offenders.
The term Positivism refers to a method of analysis based on the
collection of observable scientific facts. It maintained that crime as
any other act is a natural phenomenon and is comparable to
disaster or calamity.
Crime is a social and moral phenomenon which cannot be
treated and checked by the imposition of punishment but rather
rehabilitation or the enforcement of individual measures.
Purpose of punishment: Rehabilitation or Reformation as a
treatment.
Punishment fits the criminal not the crime.
POSITIVIST THEORY:
Product Theories:
*ELEMENTS OF CRIME
Examples:
*RECKLESS IMPRUDENCE RESULTING TO HOMICIDE
*RECKLESS IMPRUDENCE RESULTING TO PHYSICAL INJURIES EITHER
SERIOUS, LESS SERIOUS AND SLIGHT PHYSICAL INJURIES
*RECKLESS IMPRUDENCE RESULTING TO DAMAGE TO PROPERTY
a. Attempted stage
Elements:
b. Frustrated stage
Elements:
Offender performs all the acts of execution;
All these acts would produce the felony as a
consequence;
But the felony is not produced;
By reason of causes independent of the will of the
perpetrator.
c. Consummated stage
Elements:
When all the elements of the crime necessary for its
execution and accomplishment are present.
All acts of execution are present.
The result sought is achieved.
Notes:
Notes:
SUBJECTIVE PHASE
It is that portion of the execution of the crime, starting from the point
where the offender begins to that point where he has still control
over his acts, including their natural course.
OBJECTIVE PHASE
Nota Bene:
6. As to penalty
8. Crime by Imitation
9. Crime by Passion
NOTE: The Revised Penal Code is the book that contains the PHILIPPINE
CRIMINAL LAW and likewise, it is embodied in different special laws
and decrees which are penal or criminal in nature.
Criminal Law
1. Generality
Exceptions:
1. Treaty stipulation
2. Laws of preferential application
3. Principles of Public international law.
Examples:
a. Sovereigns and other head of state.
b. Ambassador, minister plenipotentiary, minister resident and
charges d' affaires.
But consuls, vice-consuls and other foreign commercial
representatives cannot claim the privileges and immunities
accorded to ambassadors and ministers.
Retinue: Helpers or employee of the head of the state are also
excepted.
2. Territoriality
Penal laws of the Philippines are enforceable only within its
territory.
Exception:
3. Prospectivity
Criminal law has no retroactive effect.
Example: A, farted in public place e.g. elevator on October 21.
October 25 President Duterte signed RA 11111 penalizing
farting in public spaces with a penalty of Prision Mayor.
Exception:
When the law is favorable to the accused.
Example: A, committed murder last October 21 with a penalty
of reclusion perpetua. October 25, President Duterte signed
into law RA 55555 reducing the penalty of murder from
reclusion perpetua to now reclusion temporal.
Mistake of Fact
Requisites:
1. Act would have been an offense against persons or
property;
2. There was a criminal intent;
3. Accomplishment is inherently impossible or inadequate or
ineffectual means are employed;
4. Act is not an actual violation of another provision of the RPC
or of special law;
The following are criminally liable for grave and less grave
felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.
Principals:
The following are considered principals:
1.Those who take a direct part in the execution of the act;
Principals by DIRECT PARTICIPATION. A wants to kill B. A shot B
using his 9MM pistol. B died. A is liable for MURDER.
2.Those who directly force or induce others to commit
it; PRINCIPAL BY INDUCEMENT. A wants to kill B. A hired C, a
hired killer in exchange of 1M. C killed B using his 9MM pistol.
Both A and C are liable for MURDER.
Accomplices:
Accomplices are those persons who, not being included in
Art. 17, cooperate in the execution of the offense by previous
or simultaneous acts.
Ex: A wants to kill B. A hired C to kill B. C sought the help of D, a
gun owner. Knowing the criminal design of A and C to kill B, D
lent his 9MM pistol. C managed to kill B using the 9MM pistol of
D.
A is liable as PRINCIPAL BY INDUCEMENT.
C is liable as PRINCIPAL BY DIRECT PARTICIPATION.
D is liable as ACCOMPLICE to the crime of MURDER of A and
C.
Accessories:
Have knowledge of the commission of the crime, without
having participated either as principals or accomplices, take
part subsequent to its commission
Principals 0 RP 1 RT 2 PM RP
Accomplice 1 RT 2 PM 3 PC RT
Accessories 2 PM 3 PC 4 Amayor PM
Amayor
Amenor
END OF MIDTERMS
FINALS
Who is a Criminal?
CLASSIFICATION OF CRIMINALS
Based on etiology:
A. Acute Criminal
One who violates a criminal law by impulse or due to fit of
passion.
B. Chronic Criminal
One who acted with deliberation or premeditation, one who
plans the crime ahead of time.
A. Ordinary Criminal
Considered as the lowest mammal in the criminal profession; he
was forced by opportunity pushed to commit crime.
B. Professional Criminal
One who is engaged in criminal activities with high degree of
skill; he uses crime to maintain a living.
C. Organized criminal
Has high degree of organization to enable them to commit
crimes without being detected and committed to specialized
activities which can be operated in large scale business.
A. Active Criminal
One who commits crime due to aggressiveness
B. Passive Criminal
One who commits crime because they are forced by a reward
or promise.
C. Socialized Delinquent
Individual with defective socialization process or development
thus he lacks proper moral values or ethical standards.
A. Accidental Criminal
one who commits crime when the situation is conducive
B. Habitual Criminal
one who consciously developed the habit of committing crime
due to lack of self-control.
Seventeenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of
July, two thousand eighteen.
REPUBLIC ACT No. 11131
AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN
THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING
FOR THE PURPOSE REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS
"AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS
IN THE PHILIPPINES"
Be it enacted by the Senate and House of Representatives of the
Philippine Congress assembled:
ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS AND PRACTICE
Section 1. Title. - This Act shall be known as "The Philippine Criminology
Profession Act of 2018".
Section 2. Statement of Policy. - The State recognizes the importance
of criminology profession in national security, public safety, peace
and order, and in nation-building and development. Hence, it shall
develop and nurture competent, virtuous, productive and well-
rounded criminologists whose standards of professional practice and
service shall be excellent, qualitative, world-class and globally
competitive through sacred, honest, effective and credible licensure
examinations, coupled with programs and activities that would
promote professional growth and development.
ARTICLE II
PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGISTS
Section 6. Creation, and Composition of the Professional Regulatory
Board for Criminologists. - There is hereby created a Professional
Regulatory Board for Criminologists, a collegial body under the
administrative supervision and control of the Commission, to be
composed of a Chairperson and four (4) members appointed by the
President of the Philippines from a list of three (3) recommendees for
each position, chosen and ranked by the Commission from a list of
three (3) nominees for every position endorsed by the APO. The new
Board shall be organized not later than six (6) months from the
effectivity of this Act.
Section 7. Qualifications of the Chairperson and Members of the
Board. - The Chairperson and each member shall, at the time of their
appointment, possess all these qualifications:
(a) Must be a natural-born Filipino citizen and a resident of the
Philippines;
(b) Must be of good moral character, good reputation and of
sound mind and body;
(c) Not convicted by a court of competent jurisdiction of any
offense involving moral turpitude;
(d) Must be a graduate of Bachelor of Science in Criminology,
and a holder of a Post-Graduate Degree in Criminology or a
lawyer in any reputable school recognized by the CHED;
(e) Must be a registered criminologist with a valid certificate of
registration and a valid professional identification card, having
at least ten (10) years of practice in the profession prior to the
appointment including no less than two (2) years teaching
experience of criminology or law subjects in full-time or part-time
capacity in the college of criminology or college of law
recognized by the government through the CHED;
(f) Must be a member in good standing of the APO but not an
officer or trustee thereof; and
Criminal Law (Book I); Criminal Law (Book II); Related Special Penal Laws;
Criminal Procedure;
Evidence;
Police Intelligence;
Police Personnel and Records Management; Comparative Police Systems;
(d) Criminalistics:
Human Behavior and Crisis Management; Criminological Research and Statistics 15%
The Board, in consultation with the APO and the academe and
subject to the approval of the Commission, may revise or exclude any
of the subjects with their corresponding ratings and their syllabi, and
add new ones as the need arises to conform with technological
changes brought about by developing trends in the profession.
However, the Board may change or revise any of the above subjects
in the event the CHED shall correspondingly change the curriculum
prescribed for the Degree of Bachelor of Science in Criminology. In
the conduct of the examination, the Board, in its discretion, may give
practical and field examinations in each subject, as it may deem fit.
Section 16. Persons to Teach Subjects for Licensure Examination. - All
subjects for the licensure examination shall be taught by a registered
criminologist who is a holder of a valid certificate of registration and
updated professional identification card for criminologist, APO
membership, and CPD required units earned, and meet other CHED
requirements. Allied fields in criminology may also be allowed to
teach as it may deem proper.
Section 17. Rating in the Licensure Examination. - To pass the licensure
examination for criminologist, a candidate must obtain a weighted
average rating of seventy-five percent (75%) with no grade less than
sixty percent (60%) in any given subject. In case the examinee obtains
a weighted average rating of seventy-five percent (75%) but, has a
grade below sixty percent (60%) in any of the subjects, the result of
the examinee shall be deferred, and be required to retake that
particular subject/s. The deferred examinee shall only be allowed to
retake once within two (2) years from the date of the examination,
and shall be required to obtain a grade not lower than eighty percent
(80%) on the subject, to be considered to have passed the licensure
examination. If the examinee failed to retake after the lapse of two
(2) years or failed to get the passing mark of eighty percent (80%), the
examinee shall retake all the board subjects.
Any examinee who failed three (3) or more board subjects shall be
deemed to have failed the board examination.
Section 18. Report of Rating. - The Board shall submit to the
Commission the ratings obtained by the candidates not later than ten
(10) days after the last day of the examination, unless the period is
extended for a valid cause.
Section 19. Oath. - All successful candidates of the licensure
examination shall take their oath of profession in person before the
Approved,
GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives
VICENTE C. SOTTO III
President of the Senate
This Act was passed by the Senate of the Philippines as Senate Bill
No. 452 on March 12, 2018, and was adopted by the House of
Representatives as an amendment to House Bill No. 7191 on
September 11, 2018
DANTE ROBERTO P. MALING
Acting Secretary General
House of Representatives
MYRA MARIE D. VILLARICA
Secretary of the Senate
Approved: November 8, 2018
(Sgd.) RODRIGO ROA DUTERTE
President of the Philippines
END OF FINALS
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