The elements define the crime

Criminal law defines crime and provides penalty

What are the elements? Of theft? Personal property belonging to another.

Intent to gain
Taking was without the consent of the owner
If there is harm, it would be robbery
Crimes are defined by their elements.
It deals with people, it deals with the offenders, so those people are offenders who
committed crimes here in our country, in our territory, can be prosecuted here,
regardless of their nationality because it is general nature, it is not selective. Our court
does not only punish those people which are Filipino citizens but also foreigners.

The general application of criminal law also has its exceptions in Article 2, the first.
1. When the person is covered by a treaty, there were Americans who committed
crimes
2. Laws of preferential application
3. Public international law
Criminal law is binding to all that commit the crime here regardless of nationality.

Where was the crime committed, if the crime was committed here prosecuted here.

That the new law can still be applied when it is advantageous to the accused

Arresto menor

1. Habitual delinquent
2. Not applicable to actions already terminated

An accused is not guilty, presumed innocent beyond reasonable doubt

Rights that are personal can be waived, but when the right involves public interest, it
cannot be waived.

Act against my will is not my act.

External act must be related to the overt act.

Mistake of fact is not a crime it is an exculpating circumstance.

Motive must be paired with circumstantial evidence

It Is better to see a guilty person in the streets than see an innocent person in jail.
Pro reo doctrine
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Characteristics of Criminal Law

1. General – it shall apply to all persons who live and sojourn in the Philippines
2. Territorial – punish crimes within PH Territory
a. PH ship or airship
b. Forge or counterfeit currency
c. Liable for acts connected to securities
d. Public officers
e. Commit crimes against national security
3. Prospective

James he wanted to end his life

He went to Marcelo Fernan bridge to end his life

Building in colon

Yes, in the case James in criminally liable based on culpa.

Under the law, felonies are committed by acts or omissions (RPC)

DOLO deceit
CULPA fault

In the case at bar, James knew that there were people below when he wanted to end
his life, but without any he was

James wanted to end his life at Bridge,

No, James is not criminally liable.

In the case at bar, considereing that he did not intend to cause the death of fisherman

There is no intent,

Daniel was quarelling with Enric rivals to the heart of a woman, one day when they met
each other in a certain place, Daniel in a sudden matter hacked Enrique, hitting Enrique
in the abdomen

His act is the direct and logical connection with the death of Enrique. Proximate cause
ang pagstab ni Daniel kay Enrique.
Basis is Article 4 of the RPC

Criminal liability shall be incurred

SUPERVENING CAUSE – circumstance that is not foreign from the act of the accused,
warned wanton negligence , gross negligence.

ART 5 and ART 10 NEXT MEETING

Wesley has a roommate, one night, somebody was knocking at the door, he was asked
who was …..that prevents someone to enter into the room, and so sudden, Wesley

Jericho was angry because Deither was courting Bea not alonzo
He wanted to give a lesson to deither , he boxed Deither so Deither fell to the ground
internal hemorrage

Claudine and Marjorie were quarelling, Julia was able to here the quarrel

Impossible crime is not a crime but is criminally liable

SEPTEMBER 1, 2022

Criminal liability shall be incurred by any person committing a felony even if wrongful act
done be different from that which he intended

By any person performing an act which would be an offense against persons or property

Under crimes for Special penal laws not covered in Art 4

When it is important to know if there is intent to kill?

In order to know whether it is attempted, frustrated, or physical injury

If no intent to kill then it would only be physical injuries

Intent to kill is presumed because Gregory died

As regards to the victim Gergorio, Girogio is liable for attempted homicide. Under the
law, there is an attempted stage of felony, when the offender overt acts, but did not
perform all the acts of execution by reason of accident,

In the case of Gegorio

In the case of Geregory, Giorgio is criminally liable for his death becase Gregory died
and intent to kill is presumed

Spontaneous desistance

Alvin is criminally liable to the frustrated stage of the felony, under the law, there is
afrustrated stage of the felony when the offender the offender performs all the acts of
ecexcution, but never produced by reason of causes independent from the will of the
offender.

Attempted, wound is not fatal

Frustrated, wound is fatal