What are the characteristics of criminal
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1. Generality – means that the criminal law
of the country governs all persons within the
country regardless of their race, belief, sex,
or creed. Note: The term generality has no
reference to territory. It refers to persons
that may be governed by the penal law.
2. Territoriality – means that the penal
laws of the country have force and effect
only within its territory. Note: The territorial
application of criminal laws is again subject
to certain exceptions brought about by
treaties or international agreements. Certain
exceptions to the territorial application of
criminal laws are also outlined under Art. 2
of the RPC.
3. Prospectivity – means that acts or
omissions will only be subject to a penal law
if they are committed after a penal law had
already taken effect. Note: This is also
called irretrospectivity
-CRIMINAL LAW DEFINITION OF TERMS
1. CRIMINAL LAW- is that branch or
division of law which defines crimes, treats
of their nature, and provides for their
punishment.
2. CRIME- crime is defined as an act
committed or omitted in violation of public
law forbidding or commanding it.
3. GENERAL (characteristic of criminal law)
– general, in that criminal law is binding on
all persons who live or sojourn in Philippine
territory.
4. TERRITORIAL (characteristic of criminal
law) - in that criminal law undertakes to
punish crimes committee within Philippine
territory.
5. PROSPECTIVE-(characteristic of criminal
law)- in that a penal law cannot make an act
punishable in a manner in which it was not
punishable when committed.
6. FRENCH RULE- such crimes are not
triable in courts of that country, unless their
commission affects the peace and security
of the territory or the safety of the state is
endangered.
7. ENGLISH RULE-such crimes are triable
in that country, unless they merely affect
things within the vessel or they refer to the
internal management thereof.
8. FELONIES- felonies are acts and
omissions punishable by the revised penal
code.
9. ACT- any bodily movement tending to
produce some effect in the external world.
10. OMISSION- is meant inaction, the
failure to perform a positive duty which one
is bound to do.
11. MISTAKE OF FACT- is a
misapprehension of fact on the part of the
person who caused injury to another.
12. MALA IN SE- wrongful from their
nature, those so serious in their effects on
society as to call for the almost unanimous
condemnation of its members and defined
and penalized by the Revised Penal Code.
13. MALA PROHIBITA- wrong merely
because prohibited by statute, are violations
of mere rules of convenience designed to
secure a more orderly regulation of the
affairs of society. The term mala prohibita
refers generally to acts made criminal by
special laws.
14. INTENT- intent is the purpose to use a
particular means to effect such result.
15. MOTIVE- motive is the moving power
which impels one to action for a definite
result.
16. CONSUMMATED FELONY- a felony is
consummated when all the elements
necessary for its execution and
accomplishment are present.
17. FRUSTRATED FELONY- 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.
18. ATTEMPTED FELONY- when the
offender commences the commission of a
felony directly by overt acts, and does not
perform all the acts of execution which
should produce the felony by reason of
some cause or accident other than his own
spontaneous desistance.
19. OVERT ACTS- an overt act is some
physical activity or deed, indicating the
intention to commit a particular crime, more
than a mere planning or preparation, which
if carried to its complete termination
following its natural course, without being
frustrated by external obstacles nor by the
voluntary desistance of the perpetrator, will
logically and necessarily ripen into a
concrete offense.
20. INDETERMINATE OFFENSE- one
where purpose of offender in the performing
an act is not certain. Its nature in relation to
its objective is ambiguous.
21. CONSPIRACY- conspiracy exists when
two or more persons come to an agreement
concerning the commission of a felony and
decide to commit it.
22. PROPOSAL- there is a proposal when
the person who has decided to commit a
felony proposes its execution to some other
person or persons.
23. IMPUTABILITY- is the quality by which
an act may be ascribed to a person as its
author or owner. It implies that the act
committed has been freely and consciously
done and may, therefore, be put down to
the doer as his very own.
24. RESPONSIBILITY- is the obligation of
suffering the consequences of crime. It is
the obligation of taking the penal and civil
consequences of the crime.
25. GUILT- guilt is an element of
responsibility, for a man cannot be made to
answer for the consequences of a crime
unless he is guilty.
26. GRAVE FELONIES- are those to which
the law attaches the capital punishment or
penalties which in any of their periods are
afflictive.
27. LESS GRAVE FELONIES- are those
which the law punishes with penalties which
in their maximum period are correctional.
28. LIGHT FELONIES- are those infractions
of law for the commission of which the
penalty of arresto menor or a fine not
exceeding 200 pesos, is provided.
29. JUSTIFYING CIRCUMSTANCES- are
those where the act of a person is said to be
in accordance with law, so that such person
is deemed not to have transgressed the law
and is free from both criminal and civil
liability.
30. EXEMPTING CICUMSTANCES (non-
imputability) - are those grounds for
exemption from punishment because there
is wanting in the agent of the crime any of
the conditions which make the act voluntary,
or negligent.
31. MITIGATING CIRCUMSTANCES-
those which, if present in the commission of
the crime, do not entirely free the actor from
criminal liability but only serve to reduce the
penalty.
32. AGGRAVATING CIRCUMSTANCES-
are those which, if attendant in the
commission of the crime, serve to increase
the penalty without, however, exceeding the
maximum of the penalty provided by law for
the offense.
33. GENERIC (kind of aggravating
circumstances) - those that can generally
apply to all crimes.
34. SPECIFIC (kind of aggravating
circumstances) - those that apply only to
particular crime.
35. QUALIFYING (kind of aggravating
circumstances) - those that change the
nature of the crime.
36. INHERENT (kind of aggravating
circumstances) - those that must of
necessity accompany the commission of the
crime.
37. ALTERNATIVE CIRCUMSTANCES-
aggravating or mitigating according to the
nature and effect of the crime and other
conditions attending its commission.
38. INSTIGATION- public officer or private
detective induces an innocent person to
commit a crime and would arrest him upon
or after the commission of the crime by him.
39. ENTRAPMENT- a person has planned
or is about to commit crime and ways and
means are resorted to by a public officer to
trap and catch the criminal; not a defense.
40. ACCIDENT- any happening beyond
control of persons, consequences of which
are not foreseeable.
41. TREACHERY- when the offender
commits any of the crime against the person
, employing means, methods or forms in the
execution thereof which tend directly and
specially to insure its execution, without risk
to himself arising from the defense which
the offended party might make.
42. IGNOMINY- moral suffering
43. CRUELTY- deliberate intention to
prolong physical suffering of the victim.
44. HABITUAL DELINQUENCY- within 10
years from last release or last conviction of
the crime of falsification, robbery, estafa,
theft, serious or less serious physical
injuries, the offender is found guilty of any of
said crimes a third time or oftener.
45. RECIDIVISM- when the time of trial for
one crime, shall have been previously
convicted by final judgment of another crime
embraced in the same title of the revised
penal code.
46. QUASI-RECIDIVISM- commits a felony
after having been convicted by final
judgment, before beginning to serve such,
or while serving the same, shall be
punished by maximum period of penalty
prescribed by law for new felony.
47. REITARACION or HABITUALITY-
accused is on trial for an offense, he has
previously serves sentence for another
offense to which the law attaches an equal
or greater penalty, or for two or more crimes
to which it attaches lighter penalty than that
for the new offense and that he is convicted
of the new offense.
48. OFFENSE- is an act or omission that is
punishable by special laws such as
Republic Acts, Presidential Decrees,
Executive Orders, Memorandum Circulars,
Ordinances and Rules and Regulations.
49. PENALTY- penalty is the suffering that
is inflicted by the State for the transgression
of a law.
50. COMPLEX CRIMES- when a single act
constitutes two or more grave or less, grave
felonies, or when an offense is a necessary
means for committing the other, the penalty
for the most serious crime shall be imposed.
51. CONTINUED CRIME- a continued crime
is a single crime, consisting of a series of
acts but all arising from one criminal
resolution.
52. ABERRATIO ICTUS- mistake in the
blow
53. ERROR IN PERSONAE-mistake in the
identity of the victim
54. PRAETER INTENTIONEM- the injurious
result is greater than that intended.
55. RESTITUTION-in theft, the culprit is
duty bound to return the property stolen.
56. REPARATION- in case of inability to
return the property stolen, the culprit must
pay the value of the property stolen.
57. APPEAL- a request to a higher
(appellate) court for that court to review and
change the decision of a lower court
58. ASSAULT- a threat or use of force on
another that causes that person to have a
reasonable apprehension of imminent
harmful or offensive contact; the act of
putting another person in reasonable fear or
apprehension of an immediate battery by
means of an act amounting to an attempt or
threat to commit a battery.
59. ACQUITTAL- a jury verdict that a
criminal defendant is not guilty or the finding
of a judge that the evidence is insufficient to
support a conviction.
60. BATTERY- the application of force to
another, resulting in harmful or offensive
contact.
61. BRIBERY- The corrupt payment,
receipt, or solicitation of a private favor for
official action.
62. COUNTERFEITING- the forging,
copying, or imitating of something (usually
money) without a right to do so and with the
purpose of deceiving or defrauding.
63. TREASON- is a breach of allegiance to
a government committed by a person who
owes allegiance to it.
64. ALLEGIANCE- is meant the obligation
of fidelity and obedience which the
individuals owe to the government under
which they live or to their sovereign, in
return for the protection they receive.
65. NEUTRALITY- a nation or power which
takes no part in a contest of arms going on
between others is referred to as neutral.
66. CORRESPONDENCE- is
communication by means of letters, or it
may refer to the letters which pass between
those who have friendly or business
relations.
67. DOCUMENT- is any written statement
by which a right is established or an
obligation extinguished. A document is a
writing or instrument by which a fact may be
proven and affirned.
68. PIRACY-it is robbery or forcible
depredation on the high seas, without lawful
authority and done with animo furandi and
in the spirit and intention of universal
hostility.
69. MUTINY- it is the unlawful resistance to
a superior officer, or the raising of
commotions and disturbances on board a
ship against the authority of its commander.
70. PROBABLE CAUSE- probable cause
can be defined as such facts and
circumstances which would lead a
reasonable discreet and prudent man to
believe that an offense has been committed
and that the object sought in connection
with the offense are in the place sought to
searched.
71. SEARCH WARRANT- is an order in
writing issued in the name of the People of
the Philippines signed by a judge and
directed to a peace officer, commanding
him to search for personal property
described therein and bring it before the
court.
72. MISPRISION OF TREASON- every
person owing allegiance to the government
of the Philippine Islands, without being a
foreigner, and having knowledge of any
conspiracy against them, conceals or does
not disclose and make known the same, as
soon as possible to the governor or fiscal of
the province, or the mayor or the fiscal of
the city in which he resides.
73. SEDITION- in its general sense, is the
raising of commotions or disturbances in the
State.
74. CHARIVARI-the term charivari includes
a medley of discordant voices, a mock
serenade of discordant noises made on
kettles, tins horns, etc.., designed to annoy
and insult.
75. . ESPIONAGE- Without authority
therefor, enters a warship, fort, or naval or
military establishment or reservation to
obtain any information, plans, photographs,
or other data of a confidential nature relative
to the defense of the Philippine Archipelago;
or (2) Being in possession, by reason of the
public office he holds, of the articles, data,
or information referred to in the preceding
paragraph, discloses their contents to a
representative of a foreign nation.
76. INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS. — The
penalty of reclusion temporal shall be
imposed upon any public officer or
employee, and that of prision mayor upon
any private individual, who, by unlawful or
unauthorized acts provokes or gives
occasion for a war involving or liable to
involve the Philippine Islands or exposes
Filipino citizens to reprisals on their persons
or property.
77. VIOLATION OF NEUTRALITY — The
penalty of prision correccional shall be
inflicted upon anyone who, on the occasion
of a war in which the Government is not
involved, violates any regulation issued by
competent authority for the purpose of
enforcing neutrality.
78. FLIGHT TO ENEMY’S COUNTRY. —
The penalty of arresto mayor shall be
inflicted upon any person who, owing
allegiance to the Government, attempts to
flee or go to an enemy country when
prohibited by competent authority.
79. PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS — The penalty of
reclusion temporal shall be inflicted upon
any person who, on the high seas, shall
attack or seize a vessel or, not being a
member of its complement nor a passenger,
shall seize the whole or part of the cargo of
said vessel, its equipment, or personal
belongings of its complement or passengers
80. EXPULSION — The penalty of prision
correccional shall be imposed upon any
public officer or employee who, not being
thereunto authorized by law, shall expel any
person from the Philippine Islands or shall
compel such person to change his
residence.
81. VIOLATION OF DOMICILE. — The
penalty of prision correccional in its
minimum period shall be imposed upon any
public officer or employee who, not being
authorized by judicial order, shall enter any
dwelling against the will of the owner
thereof, search papers or other effects
found therein without the previous consent
of such owner, or having surreptitiously
entered said dwelling, and being required to
leave the premises, shall refuse to do so.
82. DWELLING- means any building or
structure exclusively devoted for rest and
comfort as distinguished from places
devoted to business, offices, etc..,
83. INHABITED HOUSE- is any shelter,
ship or vessel constituting the dwelling of
one or more persons even though the
inhabitants thereof are temporarily.
84. PUBLIC BUILDING-is every building
owned by the government or belonging to a
private person but used or rented by the
government, although temporarily
unoccupied by the same.
85. PREMISES- premises signifies distinct
and definite locality. It may mean a room,
shop, building or definite area, but in either
case, locality is fixed.
86. GRAVE THREATS- any person who
shall threaten another with the infliction
upon the person, honor, or property of the
latter or of his family of any wrong
amounting to a crime.
87. UNJUST VEXATION- unjust vexation
includes any human conduct which,
although not productive of some physical or
material harm would, however, unjustly
annoy or vex an innocent person.
88. SEIZE- it means to place in the control
of someone a thing or to give him the
possession thereof.
89. ROBBERY- is the taking of personal
property belonging to another, with intent to
gain, by means of violence against, or
intimidation of any person, or using force
upon things.
90. FALSE KEYS- are genuine keys stolen
from the owner or any keys other than those
intended by the owner for use in the lock
forcibly opened by the offender.
91. BRIGANDAGE- is a crime committed by
more than three armed persons who form a
band of robbers for the purpose of
committing robbery in the highway or
kidnapping persons for the purpose of
extortion or to obtain ransom, or for any
other purpose to be attained by means of
force and violence.
92. PHILIPPINE HIGHWAY- it shall refer to
any road, street, passage, highway and
bridges or other parts thereof, or railway or
railroad within the Philippines used by
persons, or vehicles, or locomotives or
trains for the movement or circulation of
persons or transportation of goods, articles,
or property or both.
93. THEFT- theft is committed by any
person who, with intent to gain but without
violence against or intimidation of persons
nor force upon things, shall take personal
property of another without the latter’s
consent.
94. FENCING- is the act of any person who,
with intent to gain for himself or for another,
shall buy, receive, possess, keep, acquire,
conceal, sell or dispose of, or shall buy and
sell, or in any other manner deal in any
article, item, object or anything of value
which he knows, or should be known to him,
to have been derived from the proceeds of
the crime of robbery or theft.
95. ENCUMBRANCE- the term
incumbrance includes every right or interest
in the land which exists in favour of third
persons.
96. MALICIOUS MISCHIEF- malicious
mischief is the wilful damaging of another’s
property for the sake of causing damage
due to hate, revenge or other evil motive.
97. ADULTERY- adultery is committed by
any married woman who shall have sexual
intercourse with a man not her husband and
by the man who has carnal knowledge of
her, knowing her to be married, even if the
marriage be subsequently declared void.
98. LEWD- lewd is designed as obscene,
lustful, indecent, and lecherous. It signifies
the form of immorality which has relation to
moral impurity; or that which is carried on a
wanton manner.
99. CONCUBINAGE- any husband who
shall keep a mistress in the conjugal
dwelling, or, shall have sexual intercourse,
under scandalous circumstances, with a
woman who is not his wife, or shall cohabit
with her in any other place.
100. COHABIT- the term cohabit means to
dwell together, in the manner of husband
and wife, for some period of time, as
distinguished from occasional, transient
interviews for unlawful intercourse.
101. SEDUCTION- seduction means
enticing a woman to unlawful sexual
intercourse by promise of marriage or other
means of persuasion without use of force.
102. ABDUCTION- is meant the taking
away of a woman from her house or the
place where she may be for the purpose of
carrying her to another place with intent to
marry or to corrupt her.
103. BIGAMY- any person who shall
contract a second or subsequent marriage
before the former marriage has been legally
dissolved, or before the former marriage
has been legally dissolved, or before the
absent spouse has been declared
presumptively dead by means of a judgment
rendered in the proper proceedings.
104. LIBEL- is a defamation committed by
means of writing, printing, lithography, radio,
phonograph, painting or theatrical or
cinematographic exhibition, or any similar
means.
105. SLANDER- slander is oral defamation,
it is libel committed by oral (spoken) means,
instead of in writing. The term oral
defamation or slander as now understood,
has been defined as the speaking of base
and defamatory words which tend to
prejudice another in his reputation, office,
trade, business or means of livelihood.
106. MISFEASANCE- is the improper
performance of some act which might
lawfully be done
107. MALFEASANCE- is the performance
of some act which ought not to be done.
108. NONFEASANCE-is the omission of
some act which ought to be performed.
109. INFANTICIDE- the killing of any child
less than three days of age, whether the
killer is the parent or grandparent, any other
relative of the child, or a stranger.
110. DUEL- it is a formal or regular combat
previously concerted between two parties in
the presence of two or more seconds of
lawful age on each side, who make the
selection of arms and fix all the other
conditions of the fight.
111. MUTILATION- means the lopping or
the clipping off of some part of the body.
112. DEFORMITY- is meant physical
ugliness, permanent and definite
abnormality. It must be conspicuous ad
visible.
113. ARREST- A restraint on person,
depriving one of his own will and liberty,
binding him to become obedient to the will
of the law
114. PROOF- It refers to the accumulation
of evidence sufficient to persuade the trial
court.
115. QUANTUM OF EVIDENCE– the
totality of evidence presented for
consideration
116. QUANTUM OF PROOF – refers to the
degree of proof required in order to arrive at
a conclusion.
117. BURDEN OF EVIDENCE – the duty of
a party of going forward with evidence.
118. BURDEN OF PROOF – the duty of the
affirmative to prove that which it alleges.
119. COLLATER MATTERS – matters
other than the fact in issue and which are
offered as a basis for inference as to the
existence or non-existence of the facts in
issue.
120. PROBATIVE VALUE – It is the
tendency of the evidence to establish the
proposition that it is offered to prove.
121. ANTECEDENT CIRCUMTANCES –
facts existing before the commission of the
crime [i.e. hatred, bad moral character of
the offender, previous plan, conspiracy, etc.]
122. CONCOMITANT CIRCUMTANCES –
facts existing during the commission of the
crime [i.e. opportunity, presence of the
accused at the scene of the crime, etc.]
123. SUBSEQUENT CIRCUMTANCES –
facts existing after the commission of the
crime [i.e. flight, extrajudicial admission to
third party, attempt to conceal effects of the
crime, possession of stolen property, etc.]
124. CONFESSION – an acknowledgement
of guilt.
125. ADMISSION – an acknowledgment of
facts
126. RELEVANT EVIDENCE – evidence
having any value in reason as tending to
prove any matter provable in an action.
127. MATERIAL EVIDENCE – evidence is
material when it is directed to prove a fact in
issue as determined by the rules of
substantive law and pleadings.
128. COMPETENT EVIDENCE – not
excluded by law.
129. DIRECT EVIDENCE – proves the fact
in issue without aid of inference or
presumptions.
130. CIRCUMSTANTIAL EVIDENCE - the
proof of fact or facts from which, taken
either singly or collectively, the existence of
a particular fact in dispute may be inferred
as necessary or probable consequence.
131. POSITIVE EVIDENCE– evidence
which affirms a fact in issue
132. NEGATIVE EVIDENCE- evidence
which denies the existence of a fact in
issue.
133. REBUTTING EVIDENCE – given to
repel, counter act or disprove facts given in
evidence by the other party.
134. PRIMARY/BEST EVIDENCE – that
which the law regards as affording the
greatest certainty.
135. SECONDARY EVIDENCE – that which
indicates the existence of a more original
source of information.
136. EXPERT EVIDENCE – the testimony
of one possessing knowledge not usually
acquired by other persons.
137. PRIMA FACIE EVIDENCE – evidence
which can stand alone to support a
conviction unless rebutted.
138. CONCLUSIVE EVIDENCE –
incontrovertible evidence
139. CUMULATIVE EVIDENCE – additional
evidence of the same kind bearing on the
same point.
140. CORROBORATIVE EVIDENCE –
additional evidence of a different kind and
character tending to prove the same point
as that of previously offered evidence.
141. CHARACTER EVIDENCE – evidence
of a person’s moral standing or personality
traits in a community based on reputation or
opinion.
142. DEMEANOR EVIDENCE – the
behavior of a witness on the witness stand
during trial to be considered by the judge on
the issue of credibility.
143. DEMONSTRATIVE EVIDENCE –
evidence that has tangible and exemplifying
purpose.
144. HEARSAY EVIDENCE – oral
testimony or documentary evidence which
does not derive its value solely from the
credit to be attached to the witness himself.
145. TESTIMONIAL EVIDENCE – oral
averments given in open court by the
witness.
146. OBJECT/AUOTOPTIC
PROFERRENCE/REAL EVIDENCE – those
addressed to the senses of the court (sight,
hearing, smell, touch, taste).
147. DOCUMENTARY EVIDENCE – those
consisting of writing or any material
containing letters, words, numbers, figures,
symbols or other modes of written
expression offered as proof of its contents.
148. BURDEN OF PROOF– the duty of a
party to present evidence on the facts in
issue necessary to establish his claim or
defense by the amount of evidence required
by law.
149. PRESUMPTION – an inference as to
the existence of a fact not actually known,
arising from its usual connection with
another which is known or a conjecture
based on past experience as to what course
human affairs ordinarily take.
150. CONCLUSIVE PRESUMPTIONS [jure
et de jure] – based on rules of substantive
law which cannot be overcome by evidence
to the contrary.
151. DISPUTABLE PRESUMPTIONS –
based on procedural rules and may be
overcome by evidence to the contrary.
152. ESTOPPEL BY RECORD OR
JUDGEMENT – the preclusion to deny the
truth of matters set forth in a record,
whether judicial or legislative, and also deny
the facts adjudicated by a court of
competent jurisdiction
153. ESTOPPEL BY DEED– a bar which
precludes a party to a deed and his privies
from asserting as against the other and his
privies any right or title in derogation of the
deed or denying the truth of any material
fact asserted in it
154. ESTOPPEL IN PAIS – based upon
express representation or statements or
upon positive acts or conduct.
155. ESTOPPEL AGAINST TENANT – the
tenant is not permitted to deny the title of his
landlord at the time of the commencement
of the relation of landlord and tenant
between them.
156. DIRECT EXAMINATION– the
examination in chief of a witness by the
party presenting him on the facts relevant to
the issue.
157. CROSS EXAMINATION – the
examination by the adverse party of the
witness as to any matter stated in the direct
examination, or connected therewith, with
sufficient fullness and freedom from interest
or bias, or the reverse, and to elicit all
important facts bearing upon the issue.
158. RE-DIRECT EXAMINATION – second
questioning by the proponent to explain or
supplement answers given in the cross
examination
159. RE-CROSS EXAMINATION – second
questioning by the adverse party on matters
stated on the re-direct and also on such
matters as may be allowed by court.
160. LEADING QUESTION –It is one where
the answer is already supplied by the
examiner into the mouth of the witness.
161. MISLEADING QUESTION – a
question which cannot be answered without
making an unintended admission.
162. COMPOUND QUESTION –a question
which calls for a single answer to more than
one question.
163. ARGRUMENTATIVE QUESTION – a
type of leading question which reflects the
examiners interpretation of the facts.
164. SPECULATIVE QUESTION – a
question which assumes a disputed fact not
stated by the witness as true.
165. CONCLUSIONARY QUESTION – a
question which asks for an opinion which
the witness is not qualified or permitted to
answer.
166. CUMULATIVE QUESTION – a
question which has already been asked and
answered.
167. CRIMINAL PROCEDURE - It is a
generic term used to describe the network
of laws and rules which govern the
procedural administration of criminal justice.
168. CRIMINAL JURISPRUDENCE - The
authority to hear and decide a particular
offense and impose punishment for it.
169. SUBJECT MATTER – cases of the
general class where the proceedings in
question belong as determined by the
nature of the offense and the penalty
imposed by law.
170. TERRITORY – the geographical limits
of the territory over which the court presides
and where the offense was committed.
171. PRELIMINARY INVESTIGATION – It
is an inquiry or proceeding to determine
whether there is sufficient ground to
engender a well-founded belief that a crime
has been committed and the respondent is
probably guilty thereof, and should be held
for trial.
172. ARREST- The taking of a person in
custody in order that he may be bound to
answer for the commission of an offense.
173. HOT PURSUIT ARREST – when an
offense has just been committed and he has
probable cause to believe based on
personal knowledge of facts or
circumstances that the person arrested has
committed it.
174. BAIL - The security given for the
release of a person in custody of the law,
furnished by him or a bondsman, to
guarantee his appearance before any court
as required under the conditions of law.
175. ARRAIGNMENT - The initial step in a
criminal prosecution whereby the defendant
is brought before the court to hear the
charges and to enter a plea.
176. EVIDENCE - sanctioned by the rules,
for ascertainment in a judicial proceeding,
the truth, respecting a matter of fact.
177. COMPLAINT – A complaint is a sworn
written statement charging a person with an
offense
178. INFORMATION – is an accusation in
writing charging a person with an offense.
179. THE MIXED SYSTEM – the so-called
mixed system is a good combination of the
good features and characteristic of the
inquisitorial and the accusatorial system.
180. THE ACCUSATORIAL – under this
system of procedure, prosecution of crimes
is conducted either at the initiative of the
public prosecutor or of the offended party
himself.
181. THE INQUISITORIAL SYSTEM – this
system in criminal procedure is
characterized by secrecy of investigation,
the employment of torture and violence to
obtain confession from the accused, the
denial of right of confrontation and of the
right of counsel, and of appeal in all cases.
182. JURISDICTION - as the authority to
hear and determine a cause.
183. VENUE - is a geographical division in
which an action is brought to trial.
184. JOHN DOE WARRANT - It is one
issued to person whom the witnesses
cannot identify
185. PROPERTY BOND - is an undertaking
constituted as a lien on the real property
given as security for the amount of the bail
186. FACTUM PROBANDUM - is the
ultimate fact sought to be established.
187. FACTUM PROBANS - is the
evidentiary fact by which the ultimate fact is
to be established.
188. REBUTTAL EVIDENCE - is that which
is given to explain, repel, counteract or
disprove facts given in evidence by the
adverse party.
189. SUR REBUTTAL - is that which is
given to repel, counteract or disprove facts
given in rebuttal evidence.
190. IRRELEVANT EVIDENCE - is that
which has no tendency in reason to
establish the probability or improbability of a
fact issue.
191. INCOMPETENT EVIDENCE - is one
who excluded by law either on grounds of
its immateriality, irrelevancy, and want of
credibility or for any other reason.
192. INADMISSABLE EVIDENCE - is that
which is irrelevant to the issue or which is
excluded by the rules of evidence.
193. IMMATERIAL EVIDENCE - is that
which is not directed to prove a fact in issue
as determined by the rules of substantive
law and of pleadings
194. JUDICIAL NOTICE - means no more
than that the court will bring to its aid and
consider, without proof of the facts its
knowledge of those matters of public
concern which are known by all well
informed persons.
195. EXTRA JUDICIAL ADMISSION - are
those made out of the court or in judicial
proceeding other than the one under
consideration.
196. DYING DECLARATION. - The
declaration of a dying person, made under
the consciousness of an impending death,
197. PART OF THE RES GESTAE. –
Statements made by a person while a
startling occurrence is taking place or
immediately prior to or subsequent thereto
with respect to the circumstances thereof
198. PREJUDICIAL QUESTION - It is a
question, which arises in a case the
resolution of which is a logical antecedent of
the issue or issues involved in said cases,
and the cognizance of which pertains to
another tribunal.
199. ERROR OF JUDGEMENT - An error
of judgment is one, which the court may
commit in the exercise of its jurisdiction.
200. ERROR OF JURISDICTION - An error
of jurisdiction renders an order or judgment
void or void able
Abuse:
General term for physical or mental
mistreatment.
Child Abuse: An intentional or neglectful
physical or emotional injury imposed on a
child, including sexual molestation.
Sexual Abuse: An illegal sex act, especially
one performed against a minor by an adult.
The term is usually applied to contact not
amounting to rape. and is typically divided
into degrees according to the nature and
circumstances of the contact.
Spousal Abuse: Physical, sexual, or
psychological abuse inflicted by one spouse
on the other spouse.
Appeal:
A request to a higher (appellate) court for
that court to review and change the decision
of a lower court.
Arson:
Malicious burning to destroy property.
Assault:
The threat or use of force on another that
causes that person to have a reasonable
apprehension of imminent harmful or
offensive contact; the act of putting another
person in reasonable fear or apprehension
of an immediate battery by means of an act
amounting to an attempt or threat to commit
a battery.
Aggravated Assault: Criminal assault
accompanied by circumstances that make it
more severe, such as the use of a deadly
weapon, the intent to commit another crime,
or the intent to cause serious bodily harm.
Assault and Battery: Assault in conjunction
with actual battery.
Assault With A Deadly Weapon: An
aggravated assault in which the defendant,
controlling a deadly weapon, threatens the
victim with death or serious bodily injury.
Assault With Intent: Any of several
assaults that are carried out with an
additional criminal purpose in mind, such as
assault with intent to murder, assault with
intent to rob, assault with intent to rape, and
assault with intent to inflict great bodily
injury.
Attempted Assault: An attempt to commit
an assault.
Sexual Assault: Sexual intercourse with
another person without that person’s
consent. 2. Offensive sexual contact with
another person, exclusive of rape.
Battery:
The application of force to another, resulting
in harmful or offensive contact.
Bribery:
The corrupt payment, receipt, or solicitation
of a private favor for official action.
Crimes Against Children:
Child Enticement: Attempting to entice,
lure, tempt, or persuade any child to enter,
leave, or stay in any building, vehicle, or
place if such act is done with the use of
force or with the intent to commit rape,
indecent assault, battery, dissemination of
material harmful to children, unnatural and
lascivious acts, indecent exposure, or other
sexual offenses.
Child Exploitation: The hiring,
employment, persuasion, inducement, or
coercion of child to perform in obscene
exhibitions and incident shows, whether
live, on video or film, or to pose or act as a
model in obscene or pornographic
materials, or to sell or distribute said
materials.
Child Pornography: Any visual depiction of
actual or simulated sexual conduct by an
individual under the age of 18 or lascivious
exhibition of the pubic area of such an
individual. Courts have held that such
material may be banned even if it is not
legally obscene and does not involve nudity.
Child Procurement: The act of arranging or
instigating a meeting with a child for the
purpose of having sexual relations.
Counterfeiting:
The forging, copying, or imitating of
something (usually money) without a right to
do so and with the purpose of deceiving or
defrauding.
Cybercrime:
Crimes committed electronically
Cybersquatting: The act of reserving a
domain name on the Internet, especially a
name that would be associated with a
company’s trademark, and then seeking to
profit by selling or licensing the name to the
company that has an interest in being
identified with it.
Cyberstalking: The act of threatening,
harassing, or annoying someone through
multiple email messages, as through the
Internet, especially with the intent of placing
the recipient in fear that an illegal act or an
injury will be inflicted on the recipient or a
member of the recipient’s family or
household.
Cybertheft: The act of using an online
computer service, such as one on the
Internet, to steal someone else’s property or
to interfere with someone else’s use and
enjoyment of property.
Email Interception: The act of reading,
storing, or intercepting email intended for
another person without that person’s
permission.
Internet Fraud: Internet fraud generally
refers to any type of fraudulent use of a
computer and the Internet, including the use
of chat rooms, email, message boards,
discussion groups and web sites, to conduct
fraudulent transactions, transmit the
proceeds of fraud to financial institutions, or
to steal, destroy or otherwise render
unusable (the proliferation of viruses for
example) computer data vital to the
operation of a business.
Telemarketing Fraud: Telemarketing
Fraud is a term that refers generally to any
scheme to deprive victims dishonestly of
money or property or to misrepresent the
values of goods or services.
Domestic Violence:
Violence between members of a household,
usually spouses; an assault or other violent
act committed by one member of a
household against another.
Drug Crimes:
The definitions below encompass both
drugs and drug paraphernalia.
Cultivation: The growing of organic drugs or
their precursors, e.g. marijuana, coca,
opium poppies, etc.
Distribution: The act selling or trading
drugs.
Manufacturing: Includes the creation of
synthetic drugs and the act of isolating drug
compounds from organic sources.
Possession: Having drugs or drug
paraphernalia on one’s person.
Possession for Sale: The possession of
drugs in quantities sufficient for resale.
Prescription Fraud: The act of obtaining
prescription (legal) drugs through forged or
stolen prescriptions.
Trafficking: The act of transferring drugs
from one location to another, usually on
behalf of a second party.
Embezzlement:
The illegal transfer of money or property
that, although possessed legally by the
embezzler, is diverted to the embezzler
personally by his or her fraudulent action.
Expungement:
The legal procedure for sealing a record of
an arrest and/or criminal conviction from
public view.
Extortion:
Obtaining money or property by threat to a
victim’s property or loved ones, intimidation,
or false claim of a right (such as pretending
to be an IRS agent).
Failure To Register:
Failure to register as a sex offender.
Forgery:
The act of fraudulently making a false
document or altering a real one to be used
as if genuine.
Fraud:
A knowing misrepresentation of the truth or
concealment of a material fact to induce
another to act to his or her detriment.
Actual Fraud: A concealment or false
representation through a statement or
conduct that injures another who relies on it
in acting.
Bank Fraud: The criminal offense of
knowingly executing, or attempting to
execute, a scheme or artifice to defraud a
financial institution, or to obtain property
owned by or under the control of a financial
institution, by means of false or fraudulent
pretenses, representation, or promises.
Bankruptcy Fraud: The act of filing a false
bankruptcy claim.
Civil Fraud: An intentional-but not willful-
evasion of taxes.
Constructive Fraud: Unintentional
deception or misrepresentation that causes
injury to another.
Credit Card Fraud: Examples of Credit
Card Fraud include: Illegal counterfeiting of
credit cards, the use of lost or stolen credit
cards, and obtaining credit cards
fraudulently through the mail.
Criminal Fraud: The willful evasion of taxes
accomplished by filing a fraudulent tax
return.
Extrinsic Fraud: Deception that is collateral
to the issues being considered in the case;
intentional misrepresentation or deceptive
behavior outside the transaction itself,
depriving one party of informed consent or
full participation.
Health Care Fraud: Any scheme involving
the health care industry that is designed for
illegal financial gain, including: Billing for
services not rendered, inflating the cost of
the service provided, the deliberate sale of
medically unnecessary services, and the
payment of “kickbacks,” or illegal payments
designed to guarantee awarding of a
contract or the exclusive right to provide a
service.
Insurance Fraud: Fraud committed against
an insurer, as when an insured lies on a
policy application or fabricates a claim.
Intrinsic Fraud: Deception that pertains to
an issue involved in an original action. o
Examples include the use of fabricated
evidence, a false return of service, perjured
testimony, and false receipts or other
commercial documents.
Investment Fraud: This form of fraud
occurs when an adviser, stockbroker, or
brokerage firm offers investors biased,
unfounded, or contradictory investment
advice out of a conflict of interest.
Mail Fraud: An act of fraud using the U.S.
Postal Service, as in making false
representations through the mail to obtain
an economic advantage.
Promissory Fraud: A promise to perform
made when the promiser had no intention of
performing the promise.
Securities Fraud: The crime of knowingly
making any materially misleading
statement, or failing to disclose a material
fact, in connection with the purchase or sale
of a security.
Wire Fraud: An act of fraud using electronic
communications, as by making false
representations on the telephone to obtain
money.
Hate Crimes:
A hate crime, generally, refers to a crime
committed not out of animosity toward a
victim as an individual, but out of hostility
toward the group to which the victim
belongs.
Homicide:
The killing of one person by another. This is
the generic legal term for killing a person,
whether lawfully or unlawfully. Unlawful
homicide comprises the two crimes of
murder and manslaughter.
Criminal Homicide: Homicide prohibited
and punishable by law, such as murder or
manslaughter.
Excusable Homicide: Homicide resulting
from a person’s lawful act, committed
without intention to harm another.
Justifiable Homicide: The killing of another
in self-defense when faced with the danger
of death or serious bodily injury. (same as
excusable homicide)
Negligent Homicide: Homicide resulting
from the careless performance of a legal or
illegal act in which the danger of death is
apparent; the killing of a human being by
criminal negligence.
Reckless Homicide: The unlawful killing of
another person with conscious indifference
toward that person’s life.
Vehicular Homicide: The killing of another
person by one’s unlawful or negligent
operation of a motor vehicle
Identity Theft:
Identity Theft primarily involves either “true
name” or “account takeover” fraud. With
“true name” someone uses a consumer’s
personal information to open new accounts
in his or her name. With “account takeover”
someone gains access to a person’s
existing account(s) and makes fraudulent
charges. Another form of identity theft
occurs when a criminal provides a victim’s
personal information to law enforcement
when the criminal gets arrested. The victim
may then have a criminal record or
outstanding warrants attached to their name
without even realizing it.
Indecent Exposure:
An offensive display of one’s own body in
public, especially of the genitals.
Lewdness:
Gross, wanton, and public indecency that is
outlawed by many state statutes; a sexual
act that the actor knows will likely be
observed by someone who will be affronted
or alarmed by it.
Mayhem:
Dismemberment or permanent
disfigurement.
Manslaughter:
The unlawful killing of a human being
without malice aforethought.
Involuntary Manslaughter: Homicide in
which there is no intention to kill or do
grievous bodily harm, but that is committed
with criminal negligence or during the
commission of a crime not included within
the felony-murder rule.
Voluntary manslaughter: An act of murder
reduced to manslaughter because of
extenuating circumstances such as
adequate provocation (arousing the “heat of
passion”) or diminished capacity.
Molestation:
The persecution or harassment of someone,
as in the molestation of a witness. The act
of making unwanted and indecent advances
to or on someone, especially for sexual
gratification.
Child Molestation: Any indecent or sexual
activity on, involving, or surrounding a child,
usually under the age of 14.
Money Laundering:
The federal crime of transferring illegally
obtained money through legitimate persons
or accounts so that its original source
cannot be traced.
Murder:
The killing of a human being with malice
aforethought.
Depraved-heart murder: A murder resulting
from an act so reckless and careless of the
safety of others that it demonstrates the
perpetrator’s complete lack of regard for
human life.
Felony Murder: Murder that occurs during
the commission of a felony.
First-degree murder: Murder that is willful,
deliberate, or premeditated, or that is
committed during the course of another
serious felony (often limited to rape,
kidnapping, robbery, burglary, or arson). All
murder perpetrated by poisoning or by lying
in wait is considered first-degree murder.
Second-degree murder: Murder that is not
aggravated by any of the circumstances of
first-degree murder.
Obscenity:
Any form of expression, such as a book,
painting, photograph, movie, or play, that
deals with sex in a way that is regarded as
so offensive as to be beyond the protection
of the constitutional guarantee of freedom of
speech. Under the most recent of the
Supreme Court’s efforts to define obscenity,
the term applies to material that appeals to
prurient interest, depicts, or describes
sexual conduct in a way that is patently
offensive, and lacks “serious literary, artistic,
political, or scientific value.”
Pandering:
The act or offense of recruiting a prostitute,
finding a place of business for a prostitute,
or soliciting customers for a prostitute. The
act or offense of selling or distributing
textual or visual material openly advertised
to appeal to the recipient’s sexual interest.
Perjury:
The act or an instance of a person’s
deliberately making material false or
misleading statements while under oath.
Pornography:
Pictures and/or writings of sexual activity
intended solely to excite lascivious feelings
of a particularly blatant and aberrational
kind, such as acts involving children,
animals, orgies, and all types of sexual
intercourse.
Prostitution:
The crime of engaging in sexual intercourse
or other sexual activity for hire.
Pyramid Schemes:
Pyramid Schemes may involve a structure
that is laid out like a pyramid, with one
person at the top, two persons on the next
level, four on the next and eight on the next.
The structure may also be circular with one
person at the center, two on the next, four
on the next and eight persons on the outer
circle. The circular structure is merely a
view of a pyramid looking from the top
down.
Racketeer Influenced and Corrupt
Organizations Act (RICO):
A federal statute enacted in 1970 and
subsequently copied in many state statutes
(informally called “Little Rico” statutes),
designed to attack organized crime by
providing special criminal penalties and civil
liabilities for persons who engage in, or
derive money from, repeated instances of
certain types of crime.
Rape:
Unlawful sexual activity with a person
without consent and usually by force or
threat of injury.
Date Rape: Rape committed by someone
known to the victim, especially by the
victim’s social companion.
Marital Rape: A husband’s sexual
intercourse with his wife by force or without
her consent.
Statutory Rape: Unlawful sexual intercourse
with a person under the age of consent,
regardless of whether it is against that
person’s will.
Self-Defense:
The use of reasonable force against an
aggressor by one who reasonably believes
it necessary in order to avoid imminent
bodily harm. Self-defense is a justification
for conduct that would otherwise be a crime.
Sexual Harassment:
A form of unlawful employment
discrimination consisting of harassment of
an employee or group of employees, usually
women. This may take the form of requiring
or seeking sexual favors as a condition of
employment (quid pro quo harassment) or
otherwise subjecting an employee to
intimidation, ridicule, or insult because of
her sex, whether or not the harassing
conduct is sexual in nature.
Sexual Offense:
General term used to describe a crime of a
sexual nature.
Sodomy:
A term varying in meaning from state to
state, but generally referring to any type of
sex act regarded by a legislature as
“unnatural” or “perverted” In the narrowest
and most traditional sense, the term refers
to anal sexual intercourse between men, but
it may extend to those or other acts
between men and women (sometimes
exemption married couples, sometimes
not), or women and women, or people and
animals. Also called a crime against nature,
or an unnatural act.
Stalking:
The act of threatening, harassing, or
annoying someone, especially with the
intent of placing the recipient in fear that an
illegal act or an injury will be inflicted on the
recipient or a member of the recipient’s
family or household.
Tax Evasion:
The willful attempt to defeat or circumvent
the tax law in order to illegally reduce one’s
tax liability.
Tax Fraud:
The crime of intentionally filing a false tax
return or making other false statements
under penalties of perjury to taxing
authorities.
Terrorism:
Politically motivated violence or intimidation
directed against a civilian population by a
subgroup within a population, by an outside
group, or by clandestine agents of another
country.
Theft:
The felonious taking and removing of
another’s personal property with the intent
to permanently deprive the true owner
thereof; larceny. Broadly, any act or
instance of stealing, including larceny,
burglary, embezzlement, and false
pretenses.
Theft By Deception: The use of deception to
obtain another’s property.
Theft By False Pretext: The use of a false
pretext to obtain another’s property.
Theft Of Services: The act of obtaining
services from another by deception, threat,
coercion, stealth, mechanical tampering, or
using a false token or device.
Writs:
An order from a higher court to a lower court
or to a government official, such as a prison
warden.
San Diego Defense Lawyer
If you’ve been charged with a crime in San
Diego County, contact our criminal defense
attorney today. George H. Ramos, Jr. is a
former prosecutor turned criminal defense
lawyer which means he knows both sides of
the courtroom. He knows tactics
prosecutors use, which gives him an
advantage in his defense practice. He has
gained a reputation for being a strong DUI
attorney in San Diego, but he represents
clients facing a number of charges including
theft, domestic violence, juvenile
offenses, restraining orders, white collar
crimes and more. George H. Ramos, Jr. is
also bilingual, speaking both English and
Spanish, and can help various clients in San
Diego protect their rights and fight for their
freedom.
Criminal Law Legal Terms & Definitions
If you or a loved one is facing criminal
charges, there are many new terms that you
will encounter. While we cannot provide all
related terms here on this site, we have
selected a few of the most important legal
terms for you to know.
The list is general in nature and is not
intended as legal advice. If there is
something you do not understand or do not
find here, and you do not have legal counsel
to assist you, feel free to contact our law
firm.
Accessory
Someone who intentionally helps another
person commit a felony (examples – giving
advice before the crime, helping to conceal
the evidence or the perpetrator). An
accessory is usually not physically present
during the crime.
Accomplice
Someone who helps another person (known
as the principal) commit a crime. Unlike an
accessory, an accomplice is usually present
when the crime is committed. An
accomplice is guilty of the same offense and
usually receives the same sentence as the
principal.
Accused
A person or persons formally charged but
not yet tried for a crime.
Acquittal
A legal judgment, based on the decision to
either a jury or a judge, that an accused is
not guilty of the crime for which he or she
has been charged or tried.
Admissible Evidence 
The evidence that a trial judge or jury may
consider, because the rules of evidence
deem it reliable.
Admission
Confession of a charge, an error, or a crime;
acknowledgment.
Aggravated Assault
An attempt to cause serious bodily injury to
another or purposely, knowingly or
recklessly causing such injury, or an attempt
to cause or purposely or knowingly cause
bodily injury to another with a deadly
weapon.
Aggravated Battery
The unlawful use of force against another
with unusual or serious consequences such
as the use of a dangerous weapon.
Allegation 
A claim or statement of what a party intends
to prove; the facts as one party claims they
are.
Appeal
A request made by the defense or State that
the case be reviewed by a court of appeal.
Arraignment 
The appearance of the defendant in court to
enter his or her plea to the charges.
Assault 
Threat to inflict injury with an apparent
ability to do so. Also, any intentional display
of force that would give the victim reason to
fear or expect immediate bodily harm.
Bail / Bond
The money or property given to the court as
security when an accused person is
released before and during a trial with the
agreement that the defendant will return to
court when ordered to do so. Bail is forfeited
if the defendant fails to return to court.
Bench Trial
Trial without a jury in which a judge decides
the facts. Also known as court trial.
Bench Warrant
An order issued by a judge for the arrest of
a person. This is also known as a “capias.”
Best Evidence Rule 
A rule of evidence that demands that the
original of any document, photograph or
recording be used as evidence at trial,
rather than a copy. A copy will be allowed
into evidence only if the original is
unavailable.
Beyond a Reasonable Doubt
The burden of proof that the prosecution
must carry in a criminal trial to obtain a
guilty verdict. The jury must be convinced
that the defendant committed each element
of the crime beyond a reasonable doubt
before returning a guilty verdict.
Booking
Part of the process of being arrested in
which the details of who a person is and
why he or she was arrested are recorded in
police records.
Brief
A written argument by counsel arguing a
case, which contains a summary of the facts
of the case, pertinent laws, and an
argument of how the law applies to the fact
situation. Also called a memorandum of law.
Cause of Action
One or more related charges combined and
made against a defendant for wrongs
committed.
Change of Venue
A change in the location of a trial, usually
granted to avoid prejudice against one of
the parties.
Charge
A formal accusation or indictment filed by
the prosecutor’s office that a specific person
has committed a specific crime. Also known
as pressing charges.
Circumstantial Evidence
All evidence except eyewitness testimony.
One example is physical evidence, such as
fingerprints, from which an inference can be
drawn.
Coercion 
The use of physical force or threats to
compel someone to commit an act against
their will.
Concurrent Sentence
Sentences for different offenses (crimes)
that run together or are served at the same
time.
Consecutive Sentence 
Sentences that are successive and are
served one after another.
Corroborating Evidence
Supplementary evidence that tends to
strengthen or confirm the initial evidence.
Criminal Summons
An order commanding an accused to
appear in court.
Cross-Examination
The questioning of a witness produced by
the other side.
Custody
Detaining of a person by lawful process or
authority to assure his or her appearance to
any hearing; the jailing or imprisonment of a
person convicted of a crime.
Declaration under Penalty of Perjury 
A signed statement, sworn to be true by the
signer, that will make the signer guilty of the
crime of perjury if the statement is shown to
be materially false — meaning, the lie is
relevant and significant to the case.
Deferred Sentence  False Imprisonment
Postponement or delay of a sentence to a
future date.
Disclosure 
The making known of a fact that had
previously been hidden.
Discovery  significant distance) in order to commit a
The pre-trial devices that can be used by
one party to obtain facts and information
about the case from the other party in order
to assist the party’s preparation for trial.
Dismissal
The termination of formal charges.
Due Process of Law
Procedures followed by law enforcement
and courts to ensure the protection of an
individual’s rights as assigned by the
Constitution.
Embezzlement
The fraudulent appropriation by a person to
his own use or benefit or property or money
entrusted to him by another.
Exhibit
A document or other item introduced as
evidence during a trial or hearing.
Expunge  usually punishable by a prison term or, in
To intentionally destroy, obliterate or strike
out records or information in files,
computers and other depositories.
Eye Witness
Person who sees a crime taking place.
False Arrest
Any unlawful physical restraint of another’s
personal liberty, whether or not carried out
by a peace officer.
 
Intentionally restraining another person
without having the legal right to do so. It’s
not necessary that physical force be used;
threats or a show of apparent authority are
sufficient. False imprisonment is a
misdemeanor and a tort (a civil wrong). If
the perpetrator confines the victim for a
substantial period of time (or moves him a
felony, the false imprisonment may become
a kidnapping.
Finding
Formal conclusion by a judge or regulatory
agency on issues of fact. Also, a conclusion
by a jury regarding a fact.
First Appearance
A first appearance is held in the jail within
24 hours of your arrest. You will attend this
hearing if you have not already been
released from jail on bond or your own
recognizance. A judge will inform you of the
charges against you, review the charging
affidavit to determine if the minimal probable
cause has been demonstrated to support
your detention, discuss the hiring or
appointment of an attorney, and should
consider your release on bond or your own
recognizance.
Felony 
A felony is a serious criminal offense,
some cases, by death. Felonies are
considered more severe than
misdemeanors. Murder, extortion and
kidnapping are some examples of felonies.
Felonies are classified as 1st degree, 2nd
degree, 3rd degree or capital felonies.
Forensic Studies  Hung Jury
This term refers to methods used to
examine firearms, documents, polygraph
results, DNA, medical information,
accounting and other information, and the
use of  handwriting experts and other known
expert witnesses available to testify to their
findings in court.
Grand Jury 
A body of persons with the authority to
investigate and accuse, but not to try cases.
The grand jury will listen to and review
evidence to see if it there are sufficient
grounds to bring an individual to trial.
Hearing 
This is a legal proceeding (not a trial) held
before a judge or administrative body.
Evidence and arguments are presented in
an effort to resolve a disputed factual or
legal issue.
Homicide 
The killing of one human being by another
human being. The term applies to all such
killings, criminal and non-
criminal. Homicide is considered non-
criminal in a number of situations, including
deaths as the result of war and putting
someone to death by the valid sentence of a
court. It may be legally justified or excused,
as in cases of self-defense or when
someone is killed by another person who is
attempting to prevent a violent felony.
Criminal homicide occurs when a person
purposely, knowingly, recklessly or
negligently causes the death of another.
Murder and manslaughter are both
examples of criminal homicide.
House Arrest
House arrest (home confinement, home
detention, electronic monitoring) is when a
person is confined by authorities to his or
her residence. House arrest is a lenient
alternative to prison time or juvenile-
detention time.
 
A jury whose members cannot unanimously
agree whether the accused is guilty or
innocent.
Immunity
Grant by the court, which assures someone
will not face prosecution in return for
providing criminal evidence.
Impeach
To impeach a witness is to introduce
evidence intended to contradict testimony or
to question his creditability.
Inadmissible
That which, under the rules of evidence,
cannot be admitted or received as evidence.
Incarceration
Incarceration is when a person is confined
to a jail or prison.
Indictment 
A formal written accusation made by a
grand jury and filed in court, alleging that a
specific person has committed a specific
crime.
Interrogation 
Questioning, usually by the police of a
suspect in custody. The suspect is not
obligated to answer the questions, and the
fact that he/she has remained silent
generally cannot be used by the prosecution
to help prove guilt. If the suspect has asked
for a lawyer, the police must cease
questioning. If they do not, they cannot use
the answers against the suspect at trial.
Jail
Jails are often run by sheriff and/or local
governments are designed to hold
individuals awaiting trial or serving short
sentences (364 days or less).
Judgment / Sentence
The official document of a judge’s
disposition (decision) of a case and
sentence of a defendant.
Jury Nullification 
The acquitting of a defendant by a jury in
disregard of the judge’s instruction and
contrary to the jury’s findings of fact. Often
occurs because the jury is sympathetic
towards the defendant or law which the
defendant is charged.
Leniency
Recommendation for a sentence less than
the maximum allowed.
Material Evidence
Evidence which is relevant to the issues in a
case.
Miranda Warning / Miranda Rights
By law (Miranda v. Arizona ruling by the
United States Supreme Court), anyone
being questioned by authorities must first
receive a ‘Miranda Warning’. This
requirement exists to prevent the police /
authorities from taking advantage of a
person who does not know or fully
understand their rights and thus speaks to
the police and answers their questions
without an attorney present. The Miranda
Warning consists of the authorities
explaining certain rights to a person before
questioning them. These include: 1) You
have the right to remain silent. 2) If you
choose to speak, anything you say can be
used against you in court. 3) If you decide to
answer any questions, you may stop at any
time and all questioning must cease. 4) You
have a right to consult with your attorney
before answering any questions. You have
the right to have your attorney present if you
decide to answer any questions, and if you
cannot afford an attorney, one will be
provided for you or appointed for you by the
court without cost to you before any further
questions may be asked.
Misdemeanor 
A crime, less serious than a felony, and
punishable by jail time. Misdemeanors are
classified as 1st degree and 2nd degree
misdemeanors and are handled in County
Court. Petty theft, first-time drunk driving
and leaving the scene of an accident are
some examples of misdemeanor crimes.
Mistrial
A trial which is invalid because of some
fundamental errors in procedure,
wrongdoing or a hung jury. A judge can set
the case for a new trial or retrial at a future
date.
Motion
An application made to a court or judge
which requests a ruling or order in favor of
the applicant.
No Contest
A defendant neither admits nor denies the
charges, letting them stand as is.
Nolle Prosse / Nolle Prosequi
When an indictment, information, or other
charging document, if filed or issued in the
case, is dismissed or nolle prosequi by the
state attorney or statewide prosecutor, or
was dismissed by a court of competent
jurisdiction, and that none of the charges
related to the arrest or alleged criminal
activity to which the petition to expunge
pertains resulted in a trial, without regard to
whether the outcome of the trial was other
than an adjudication of guilt.
Notice of Appearance
Should you retain an attorney, he will file a
Notice of Appearance with the court on your
behalf. This document informs the judge,
the prosecutor and the clerk’s office that
your attorney represents you.
No Probable Cause
Insufficient grounds to hold the person who
was arrested.
Objection
The process by which one party takes
exception to some statement or procedure.
An objection is either sustained (allowed) or
overruled by the judge.
Own Recognizance (OR) / Personal
Recognizance
In some cases (less serious crimes) this
allows the defendant to get out of jail,
without paying bail, by promising to appear
in court when next required to be there.
Only those with strong ties to the community
(steady job, local family, and no history of
failing to appear in court) are candidates for
“OR” release.
Parole
Parole or controlled release from a
correctional facility of a prisoner who has
served part of the term/sentence to which
he or she was sentenced.
Plea  An alternative to imprisonment allowing a
The first pleading by a criminal defendant,
the defendant’s declaration in open court
that he or she is guilty or not guilty. The
defendant’s answer to the charges made in
the indictment or information.
Plea Bargain / Negotiations  Prosecutor
A negotiation between the defense and
prosecution for a fair disposition of the case
and must be approved by the court.
Pre-Trial Intervention (PTI)
Supervised pretrial intervention programs
for persons charged with a crime, before or
after any information has been filed or an
indictment has been returned in the circuit
court. Such programs shall provide
appropriate counseling, education,
supervision, and medical and psychological
treatment as available and when
appropriate for the persons released to such
programs. Any first offender, or any person
previously convicted of not more than one
nonviolent misdemeanor, who is charged
with any misdemeanor or felony of the third
degree is eligible for release to the pretrial
intervention program on the approval of the
administrator of the program and the
consent of the victim, the state attorney, and
the judge who presided at the initial
appearance hearing of the offender.
However, the defendant may not be
released to the pretrial intervention program
unless, after consultation with his or her
attorney, he or she has voluntarily agreed to
such program and has knowingly and
intelligently waived his or her right to a
speedy trial for the period of his or her
diversion.
Prison
Prisons are operated by state governments
and the Federal Bureau of Prisons and are
designed to hold individuals convicted of
crimes.
Probation 
person found guilty of an offense to stay in
the community, usually under conditions
and under the supervision of a probation
officer. A violation of probation can lead to
its revocation and to imprisonment.
A trial lawyer representing the government
in a criminal case and the interests of the
state in civil matters. In criminal cases, the
prosecutor has the responsibility of deciding
who and when to prosecute.
Public Defender
A court appointed attorney for those
defendants declared indigent (unable to hire
private counsel).
Rules of Evidence
Standards governing whether evidence in a
civil or criminal case is admissible.
Search Warrant 
An order signed by a judge for probable
cause that directs owners of private
property to allow the police to enter and
search for items named in the warrant. In
limited situations the police may search
without a warrant, but they cannot use what
they find at trial if the defense can show that
there was no probable cause for the search.
Self-incrimination  Any person who knowingly sells, purchases,
The making of statements that might
expose you to criminal prosecution, either
now or in the future. The Fifth Amendment
of the U.S. Constitution prohibits the
government from forcing you to provide
evidence (answering questions) that would
or might lead to your prosecution for a
crime.
Sentence
The punishment ordered by a court for a
defendant convicted of a crime.
Standard of Proof
Indicates the degree to which the point must
be proven. In a civil case, the burden of
proof rests with the plaintiff, who must
establish his or her case by such standards
of proof as a “preponderance of evidence”
or “clear and convincing evidence.”
Subpoena
A command to a witness to appear and give
testimony.
Suppress 
To forbid the use of evidence at a trial
because it is improper or was improperly
obtained.
Trial
A trial is where a judge presides over the
courtroom proceedings and decides the
questions of the law, and a six-person jury
or a twelve-person jury of your peers
(depending on case type) will hear the
evidence presented and must unanimously
determine whether you are guilty or not
guilty of the crime(s) charged.
Testimony
The evidence given by a witness under
oath. It does not include evidence from
documents and other physical evidence.
Trafficking
manufactures, delivers, or brings into this
state, or who is knowingly in actual or
constructive possession of illegal drugs (ex,
cannabis, cocaine, heroine,
methamphetamine, etc.).
Voir Dire
The process by which judges and lawyers
select a petit jury from among those eligible
to serve, by questioning them to determine
knowledge of the facts of the case and a
willingness to decide the case only on the
evidence presented in court.
Witness
One who personally sees or perceives a
thing; one who testifies as to what he has
seen, heard, or otherwise observed.
Writ
A judicial order directing a person to do
something.
Criminal Law Book 1 Reviewer
Definition of Terms
Abberatio Ictus – mistake in blow.
       What is the legal effect of aberratio
ictus?
       a. may result in complex crime or two
felonies
       b. if complex, apply Art. 48 - penalty for
the more or most serious
           crime in its maximum period.
Absolutory Causes - where the act
committed is a crime but for some reason of
public policy and sentiment, there is no
penalty imposed. Exempting and justifying
circumstances are absolutory causes.
      Related: Full Reference Material in
Criminal Law
Accomplices - Persons who do not act as
principals but cooperate in the execution of
the offense by previous and simultaneous
acts, which are not indispensable to the
commission of the crime. They act as mere
instruments that perform acts not essential
to the perpetration of the offense.
Act – an overt or external act. Any bodily
movement tending to produce some effect
in the external world.
Actus Me Invito Factus Non Est Meus
Actus – Any act done by me against my will
is not my act.
Agent - subordinate public officer charged
w/ the maintenance of public order and
protection and security of life and property.
Aggravating Circumstances - Those
which, if attendant in the commission of the
crime, serve to have the penalty imposed in
its maximum period provided by law for the
offense or those that change the nature of
the crime.
      Generic - those which apply to all
crimes.
      Specific - those which apply only to
specific crimes.
      Qualifying - those that change the
nature of the crime.
      Inherent - which of necessity
accompany the commission of the crime,
                 therefore not considered in
increasing the penalty to be
                 imposed.
      Special - those which arise under
special conditions to increase
                the penalty of the offense and
cannot be offset by
                mitigating circumstances.
Alternative Circumstances – Those which
must be taken into consideration as
aggravating or mitigating according to the
nature and effects of the crime and the
other conditions attending its commission.
Amnesty – is an act of the sovereign power
granting oblivion or general pardon. It wipes
all traces and vestiges of the crime but does
not extinguish civil liability.
Astucia – (Craft) involved the use of
intellectual trickery or cunning on the part of
the accused. A chicanery resorted to by the
accused to aid in the execution of his
criminal design. It is employed as a
scheme in the execution of the crime.
Bill Of Attainder – A legislative act which
inflicts punishment without trial.
Characteristics of Criminal Law
1. General
2. Territorial
3. Prospective
Circumstances That Affect Criminal
Liability
1. Justifying circumstances
2. Exempting circumstances
3. Mitigating circumstances
4. Aggravating circumstances
5. Alternative circumstances
Commutation – change in the decision of
the court by the chief regarding the degree
of the penalty by decreasing the length of
the imprisonment or fine.
Consummated Felonies - when all the
elements necessary for its execution and
accomplishment are present.
Continued Crime – refers to a single crime
consisting of a series of acts but all arising
from one criminal resolution. Although there
is a series of acts, there is only one crime
committed, so only one
penalty shall be imposed.
Crime – acts and omissions punishable by
any law.
Criminal law - A branch of municipal law
which defines crimes, treats of their nature
and provides for their punishment.
      The Following are not subject to the
operation of Philippine Criminal Law
      1. Sovereigns and other heads of state
      2. Charges d'affaires
      3. Ambassadors
      4. Ministers plenipotentiary
      5. Ministers resident
Cruelty – there is cruelty when the culprit
enjoys and delights in making his victim
suffer slowly and gradually, causing
unnecessary physical pain in the
consummation of the criminal act.
Degree – one whole penalty, one entire
penalty or one unit of the penalties
enumerated in the graduated scales
provided for in Art. 71
Despoblado – (Uninhabited Place) one
where there are no houses at all, a place at
a considerable distance from town, where
the houses are scattered at a great distance
from each other.
Discernment - the mental capacity to fully
appreciate the consequences of the
unlawful act, which is shown by the manner
the crime was committed and the conduct of
the offender after its commission.
Disfraz (Disguise) – resorting to any device
to conceal identity.
Duress -  use of violence or physical force.
Dwelling - must be a building or structure
exclusively used for rest and comfort
(combination of house and store not
included), may be temporary as in the case
of guests in a house or bedspacers. It
includes dependencies, the foot of the
staircase and the enclosure under the
house.
El que es causa de la causa es causa del
mal causado - Spanish maxim which
means: "He who is the cause of the cause is
the cause of the evil caused.
En Cuadrilla – (Band) whenever there are
more than 3 armed malefactors that shall
have acted together in the commission of an
offense.
Entrapment - ways and means are resorted
to for the purpose of trapping and capturing
the lawbreaker in the execution of his
criminal plan.
Error in personae – mistake in identity.
       What is the legal effect of error in
personae?
       a. if same crime results, liable for the
same crime
       b. if different crime results, apply Art. 49
- penalty for lesser
           crime in its maximum period
Exempting Circumstances - grounds for
exemption from punishment because there
is wanting in the agent of the crime any of
the conditions which make the act voluntary
or negligent.
Ex Post Facto Law - An act which when
committed was not a crime, cannot be made
so by statute without violating the
constitutional inhibition as to ex post facto
laws.
Felonies – acts and omissions punishable
by the Revised Penal Code.
Fence – is a person who commits the act of
fencing. A fence who receives stolen
property as above- provided is not an
accessory but a principal in the crime
defined in and punished by the Anti-Fencing
Law.
Fencing – is an act, with intent to gain, of
buying, selling, receiving, possessing,
keeping, or in any other manner dealing in
anything of value which a person knows or
should have known to be derived from the
proceeds of the crime of robbery or theft.
Fraud (fraude) – insidious words or
machinations used to induce the victim to
act in a manner which would enable the
offender to carry out his design.
Good conduct allowance during
confinement – Deduction for the term of
sentence for good behavior.
Habitual Delinquency or Multi-
recidivism – Where a person within a
period of ten years from the date of his
release or last conviction of the crimes of
serious or less serious physical injuries,
robbery,
theft, estafa or falsification, is found guilty of
the said crimes a third time or oftener. This
is an extraordinary aggravating
circumstance.
Habitual Delinquent - A person who, within
a period of ten years from the date of his
release or last conviction of the crimes of
serious or less serious physical injuries,
robbery, theft, estafa, or falsification, is
found guilty of any said crimes a third time
or oftener.
Ignominy – is a circumstance pertaining to
the moral order, which adds disgrace and
obloquy to the material injury caused by the
crime.
Imbecile - one while advanced in age has a
mental development comparable to that of
children between 2 and 7 years old. He is
exempt in all cases from criminal liability.
Insane - one who acts with complete
deprivation of intelligence/reason or without
the least discernment or with total
deprivation of freedom of will. Mere
abnormality of the mental faculties will not
exclude
imputability.
Instigation - Instigator practically induces
the would-be accused into the commission
of the offense and himself becomes a co-
principal.
Insuperable Clause - some motive, which
has lawfully, morally or physically prevented
a person to do what the law commands.
Irresistible Force - The offender uses
violence or physical force to compel another
person to commit a crime.
Justifying Circumstances -  where the act
of a person is in accordance with law such
that said person is deemed not to have
violated the law.
Mala In Se - acts or omissions that are
inherently evil.
Mala Prohibita - acts made evil because
there is a law prohibiting it.
Misdemeanor - a minor infraction of law.
Mistake of Fact - misapprehension of fact
on the part of the person who caused injury
to another. He is not criminally liable.
Mitigating Circumstances - those which if
present in the commission of the crime
reduces the penalty of the crime but does
not erase criminal liability nor change the
nature of the crime.
Motive - it is the moving power which
impels one to action for a definite result.
Nullum Crimen, Nulla Poena Sine Lege –
There is no crime when there is no law
punishing it.
Obscuridad – (Night time) that period of
darkness beginning at the end of dusk and
ending at dawn.
Offense - a crime punished under special
law.
Omission – failure to perform a duty
required by law.
Pardon – an act of grace proceeding from
the power entrusted with the execution of
laws, which exempts the individual from the
punishment the law inflicts for the crime.
Parole – consists in the suspension of the
sentence of a convict after serving the
minimum term of the indeterminate penalty,
without granting pardon, prescribing the
terms upon which the sentence shall be
suspended. In case his parole conditions
are not observed, a convict may be returned
to the custody and continue to serve his
sentence without deducting the time that
elapsed.
Penalty – suffering inflicted by the State for
the transgression of a law.
Period – one of 3 equal portions,
min/med/max of a divisible penalty. A period
of a divisible penalty when prescribed by the
Code as a penalty for a felony, is in itself a
degree.
Person In Authority - public authority, or
person who is directly vested with
jurisdiction and has the power to govern and
execute the laws.
Plurality Of Crimes – consists in the
successive execution by the same individual
of different criminal acts upon any of which
no conviction has yet been declared.
Praetor Intentionem - lack of intent to
commit so grave a wrong.
      What is the legal effect of praeter
intentionem?
      - a mitigating circumstance (Art. 13, par.
3)
Prescription Of A Crime – is the
loss/forfeiture of the right of the state to
prosecute the offender after the lapse of a
certain time.
Prescription Of Penalty - means the
loss/forfeiture of the right of the government
to execute the final sentence after the lapse
of a certain time.
Probation - a disposition under which a
defendant after conviction and sentence is
released subject to conditions imposed by
the court and to the supervision of a
probation officer.
Pro Reo -  whenever a penal law is to be
construed or applied and the law admits of
two interpretations, one lenient to the
offender and one strict to the offender, that
interpretation which is lenient or favorable to
the offender will be adopted.
Proximate Cause - the cause, which in the
natural and continuous sequence unbroken
by any efficient intervening cause, produces
the injury, without which the result would not
have occurred.
Quasi-Recidivism – Where a person
commits a felony before beginning to serve
or while serving a sentence on a previous
conviction for a felony. This is a special
aggravating circumstance.
RA 75 -  This law penalizes acts which
would impair the proper observance by the
Republic and its inhabitants of the
immunities, rights, and privileges of duly-
accredited foreign diplomatic
representatives in the Philippines.
Rank - The designation or title of distinction
used to fix the relative position of the
offended party in reference to others (There
must be a difference in the social condition
of the offender and the offended party).
Recidivism – Where a person, on separate
occasions, is convicted of two offenses
embraced in the same title in the RPC. This
is a generic aggravating circumstance.
Recidivist – one who at the time of his trial
for one crime, shall have been previously
convicted by final judgment of another crime
embraced in the same title of the RPC.
Reiteracion or Habituality – Where the
offender has been previously punished for
an offense to which the law attaches an
equal or greater penalty or for two crimes to
which it attaches a lighter penalty. This is a
generic aggravating circumstance.
Requisites of Dolo or Malice  execution of a crime where all the elements
1. Freedom
2. Intelligence
3. Intent
Requisites of Culpa
1. Freedom
2. Intelligence
3. Negligence, Imprudence, Lack of
Foresight, Lack of Skill
      Negligence - it indicates a deficiency of
perception; failure to pay
      proper attention and to use diligence in
foreseeing the injury or
      damage impending to be caused;
usually involves lack of foresight.
      Imprudence -  it indicates a deficiency
of action; failure to take the
      necessary precaution to avoid injury to
person or damage to property;
      usually involves lack of skill.
Rules on jurisdiction over private or
merchant vessels while in the territory of
another country
1. French Rule
2. English Rule
Stand Ground When in The Right - the
law does not require a person to retreat
when his assailant is rapidly advancing
upon him with a deadly weapon.
Stages In The Execution Of A Crime
1. Attempted Stage -  a stage in the
execution of a crime where the offender
commences commission of a felony directly
by over acts, and does NOT perform all acts
of execution which should produce the
felony by reason of some cause or accident
other his spontaneous desistance.
2. Frustrated Stage - a stage in the
execution of a crime where the offender
performs all the acts of execution which
would produce the felony as a consequence
but which, nevertheless, do not produce it
due to some cause independent of the will
of the perpetrator.
3. Consummated Stage -  a stage in the
necessary for its execution and
accomplishment are present.
Treachery – when the offender commits
any of the crimes against the person,
employing means, methods or forms in the
execution thereof which tend directly and
especially to ensure its execution without
risk to himself arising from the defense
which the offended party might make.
Uncontrollable Fear -  offender employs
intimidation or threat in compelling another
to commit a crime.
Unlawful Entry - when an entrance is
effected by a way not intended for the
purpose.
Youthful offender – over 9 but under 18 at
the time of the commission of the offense.
CRIMINAL LAW DEFINITION OF TERMS
1. CRIMINAL LAW- is that branch or
division of law which defines crimes, treats
of their nature, and provides for their
punishment.
2. CRIME- crime is defined as an act
committed or omitted in violation of public
law forbidding or commanding it.
3. GENERAL (characteristic of criminal law)
- general, in that criminal law is binding on
all persons who live or sojourn in Philippine
territory.
4. TERRITORIAL (characteristic of criminal
law) - in that criminal law undertakes to
punish crimes committee within Philippine
territory.
5. PROSPECTIVE-(characteristic of criminal
law)- in that a penal law cannot make an act
punishable in a manner in which it was not
punishable when committed.
6. FRENCH RULE- such crimes are not
triable in courts of that country, unless their
commission affects the peace and security
of the territory or the safety of the state is
endangered.
7. ENGLISH RULE-such crimes are triable
in that country, unless they merely affect
things within the vessel or they refer to the
internal management thereof.
8. FELONIES- felonies are acts and
omissions punishable by the revised penal
code.
9. ACT- any bodily movement tending to
produce some effect in the external world.
10. OMISSION- is meant inaction, the
failure to perform a positive duty which one
is bound to do.
11. MISTAKE OF FACT- is a
misapprehension of fact on the part of the
person who caused injury to another.
12. MALA IN SE- wrongful from their nature,
those so serious in their effects on society
as to call for the almost unanimous
condemnation of its members and defined
and penalized by the Revised Penal Code.
13. MALA PROHIBITA- wrong merely
because prohibited by statute, are violations
of mere rules of convenience designed to
secure a more orderly regulation of the
affairs of society. The term mala prohibita
refers generally to acts made criminal by
special laws.
14. INTENT- intent is the purpose to use a
particular means to effect such result.
15. MOTIVE- motive is the moving power
which impels one to action for a definite
result.
16. CONSUMMATED FELONY- a felony is
consummated when all the elements
necessary for its execution and
accomplishment are present.
17. FRUSTRATED FELONY- 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.
18. ATTEMPTED FELONY- when the
offender commences the commission of a
felony directly by overt acts, and does not
perform all the acts of execution which
should produce the felony by reason of
some cause or accident other than his own
spontaneous desistance.
19. OVERT ACTS- an overt act is some
physical activity or deed, indicating the
intention to commit a particular crime, more
than a mere planning or preparation, which
if carried to its complete termination
following its natural course, without being
frustrated by external obstacles nor by the
voluntary desistance of the perpetrator, will
logically and necessarily ripen into a
concrete offense.
20. INDETERMINATE OFFENSE- one
where purpose of offender in the performing
an act is not certain. Its nature in relation to
its objective is ambiguous.
21. CONSPIRACY- conspiracy exists when
two or more persons come to an agreement
concerning the commission of a felony and
decide to commit it.
22. PROPOSAL- there is a proposal when
the person who has decided to commit a
felony proposes its execution to some other
person or persons.
23. IMPUTABILITY- is the quality by which
an act may be ascribed to a person as its
author or owner. It implies that the act
committed has been freely and consciously
done and may, therefore, be put down to
the doer as his very own.
24. RESPONSIBILITY- is the obligation of
suffering the consequences of crime. It is
the obligation of taking the penal and civil
consequences of the crime.
25. GUILT- guilt is an element of
responsibility, for a man cannot be made to
answer for the consequences of a crime
unless he is guilty.
26. GRAVE FELONIES- are those to which
the law attaches the capital punishment or
penalties which in any of their periods are
afflictive.
27. LESS GRAVE FELONIES- are those
which the law punishes with penalties which
in their maximum period are correctional.
28. LIGHT FELONIES- are those infractions
of law for the commission of which the
penalty of arresto menor or a fine not
exceeding 200 pesos, is provided.
29. JUSTIFYING CIRCUMSTANCES- are
those where the act of a person is said to be
in accordance with law, so that such person
is deemed not to have transgressed the law
and is free from both criminal and civil
liability.
30. EXEMPTING CICUMSTANCES (non-
imputability) - are those grounds for
exemption from punishment because there
is wanting in the agent of the crime any of
the conditions which make the act voluntary,
or negligent.
(CRIMINAL SOCIOLOGY)
Criminological Classification of Crime
Acquisitive and Extinctive Crimes -
Acquisitive Crime is one which when
committed, the offender acquires something
as a consequence of his criminal act. The
crime is extinctive when the result of
criminal act is destruction.
Seasonal and Situational Crimes -
Seasonal crimes are those that are
committed only at certain period of the year
while situational crimes are those that are
committed only when given a situation
conducive to its commission.
Episodic and Instant Crimes - Episodic
crimes are serial crimes; they are committed
by series of act within a lengthy space sof
time. Instant crimes are those that are
committed the shortest possible time.
Static and Continuing Crimes - Static
crimes are crimes that are committed only in
one place. Continuing crime are crimes that
are committed in several places.
Rational and Irrational Crimes - Rational
crimes are those committed with intent;
offender is in full possession of his mental
faculties /capabilities while Irrational crimes
are committed without intent; offender does
not know the nature of his act.
White Collar and Blue Collar Crimes -
White Collar Crimes are those committed by
a person of responsibility and of upper
socio-economic class in the course of their
occupational activities. Blue Collar Crimes
are those committed by ordinary
professionals to maintain their livelihood.
Upper World and Underworld Crimes -
Upper World Crimes are those committed
by individuals belonging to the upper class
of society. Under World Crime are
committed by members of the lower or
under privilege class of society.
Crimes by Imitation and Crimes by
Passion - Crimes by Imitation are crimes
committed by merely duplication of what
was done by others. Crimes by Passion are
crimes committed because of the fit of great
emotions.
Service Crimes - Service Crime refers to
crimes committed through rendition of a
service to satisfy desire of another.
ATIN TERMS AND LEGAL MAXIMS:
Verba legis non est decendendum - from the words
of the law there can be no departure.
Dura lex sed lex - the law may be harsh but it is the
law.
Ignorantia legis neminem excusat - ignorance of
the law excuses no one.
Ignorantia facti excusat - mistake of fact excuses.
Praeter Intentionem - different from that which
was intended.
Error in personae - mistake in identity.
Abberatio Ictus - mistake in the blow.
Nulum crimen, nulla poena sine lege - there is no
crime when there is no law punishing the same.
Actus non facit reum, nisi mens sit rea - the act
cannot be criminal where the mind is not criminal.
Actus mi invictu reus, nisi mens facit reum - an act
done by me against my will is not my act.
Mens rea - guilty mind.
Actus reus - guilty act.
Res ipsa loquitor - the thing speaks for itself.
Causa Proxima - proximate cause which produced
the immediate effect.
Prima Facie - at first glance.
Locus Criminis - scene of the crime or crime
scene.
Pro reo - principle in criminal law which states that
where the statute admits of several interpretations,
the one most favorable to the accused shall be
adopted.
Res Gestae - the thing itself.
Falsus in unum, falsus in omnibus - false in one
part of the statement would render the entire
statement false (NOTE: this maxim is not
recognized in our jurisdiction).
Basic maxims in criminal law
1. Nullum crimen, nulla poena sine lege (There is
no crime when there is no law punishing the same)
– No matter how wrongful, evil or bad the act is, if
there is no law defining the act, the same is not
considered a crime.
2. Actus non facit reum, nisi mens sit rea (The act
cannot be criminal where the mind is not criminal)
– This is true to a felony characterized by dolo, but
not to a felony resulting from culpa.
3. Doctrine of Pro Reo – Whenever a penal law is
to be construed or applied and the law admits of
two interpretations, one lenient to the offender and
one strict to the offender, that interpretation which
is lenient or favorable to the offender will be
adopted.
4. Actus me invito factus non est meus actus (An
act done by me against my will is not my act) –
Whenever a person is under a compulsion of
irresistible force or uncontrollable fear to do an act
against his will, in which that act produces a crime
or offense, such person is exempted in any
criminal liability arising from said act.