Professional Documents
Culture Documents
Module
2021
Introduction to Criminology
VISION
A provide of relevant and quality education to a
society where citizens are competent, skilled,
dignified and community- oriented.
MISSION
An academic institution providing technological,
professional, research and extension programs to
form principled men and women of competencies
and skills responsive to local and global
development needs.
QUALITY POLICY
Northwest Samar State University commits to
provide quality outcomes-based education,
research, extension and production through
continual improvement of all its programs, thereby
producing world class professionals.
CORE VALUES
Resilience. Integrity. Service. Excellence.
Doctor of Philosophy
major on Educational Management
Course Description: This course provides the basic understanding of a theory, its
development, and application to the etiology of crime, and its use to understanding
human, criminal and deviant behaviors. It includes the historical evolution of
criminology, the different school of thoughts, the process of measuring crime, as it relates
to criminological research, the divisions and scope of criminology, and the justice system.
This course also introduces Criminology as a profession in the Philippines. (CMO. 05, S.
2018)
Course Outcomes:
Course Content:
Date of
Week Course Learning Outcomes Topics Assessment
Submission
1-3 Upon completion of this
module, students are expected Module 1 – Overview of Criminology
to have the following A. The Meaning of Criminology
competencies: B. Nature and Scope of Criminology
C. Purpose and Goals of Studying
1. Knowledgeable of Criminology
the Basics of D. Different Principal Divisions of
Criminology Criminology
E. Different School of Thoughts in
2. Differentiate the Criminology
different School of F. Various Studies/Sciences and
thoughts in Agencies/Sectors associated to
Criminology and the Criminology
Scientific Study of G. R.A. 11131
Criminology
1. 3. Gain in-depth
understanding of R.A.
11131
4-6 Upon completion of this
module, students are expected Module 2 – Crime Concepts
to have the following A. Crime Defined and its Elements
competencies: B. The Three Ingredients of Crime
C. Crime Typologies
1. Understand Crime D. General Categories of Crimes.
Elements and E. Legal Classifications of Crimes.
Ingredients. F. Criminological Classifications of
Crimes.
2. Familiarize Crime G. Classifications of Criminals
typologies and its according to Criminological
classifications. Reference.
H. Classifications of Criminals
according to The Revised Penal
Code.
1. 3. Gain In-depth
Understanding of
Philippine Criminal
Law and the
Circumstances that
affects Criminal
Liability
Introduction to Criminology
Course Requirements:
In general, the requirements of CRIM 101 are as follows:
Term Paper
Grading Criteria:
Requirement/Assessment Task Percentage
Major Course Output 20%
Major Exams 40%
Class Standing 40%
TOTAL 100%
Course Materials:
Course policies
Students shall prohibit doing the following:
1. Tardiness – A student will be marked “late” if he/she enters the class 15
minutes after the indicated time. Any student who incurred four (4) tardy slips
shall be marked “1 Day Absent” as equivalent.
2. Attendance – A student shall attend at least 80% of the class period/hours
3. Missed Periodical Exam – Any student who missed periodical exam should
refer to the instructor for immediate compliance.
4. Cheating – Any student who committed any form of academic dishonesty
shall be given disciplinary action provided in the NwSSU Student handbook.
5. Use of Technology – Cellular phones should be turned off while the session
is in progress. Using laptops, PC Notebook, Cellular phones and tablets are
prohibited unless the instructor is aware of the purpose and permit the student’s
request.
References:
Alviola, A. (2013). Introduction to CRIMINOLOGY and PSYCHOLOGY of CRIMES.
Introduction to Criminology
Module 1
Module Title: Overview of Criminology
Module Description: This module is all about Criminology and its Nature and Goals.
This module will also discuss the different Principal Divisions
and School of Thoughts in Criminology. It will also give
emphasis to the Republic Act 11131 that discusses the act
regulating the practice of criminology profession in the
Philippines.
Purpose of the Module: This module let the students learn the importance of the General
Knowledge in Criminology and the Concept of R.A. 11131 and
its relativity.
Module Guide: The Learners are advised to read, practice and Participate in the
modules lessons.
Module Requirements: At the end of this module, the students will have to pass the
compiled Assessment Activities that this module required.
Learning Plan
Lesson No: 1
The activity will help them familiar the different necessary terms in studying
criminology. It will also help them to have better understanding of the subject.
Let’s Read:
Criminology Defined
political science in order to provide and integrated approach in the study of crimes and criminal
behaviors.
In a narrower sense, Criminology is the scientific study of crimes and criminal behavior.
In a key sense, this is the central aspect of the definition of criminology. It specifies the very
essence of this course. This means that criminology is primarily concerned with knowing and
understanding the cause of crime and criminal behavior. It seeks to comprehend the reasons
behind the commission of crime. Furthermore, criminology is a science in itself. It applies
scientific methods of inquiry to the study of crimes and criminal behavior. Therefore,
criminology is not commonsense nor guesswork, but rather, the scientific study of crime. The
knowledge obtained through criminological research is based on empirical evidence.
Criminology is the scientific study of crime and delinquency as social phenomena. This
relatively young field of study has three principal divisions: (1) the sociology of law, which
examines how laws are made and enforced; (2) criminal etiology, which studies the causes of
crime; and (3) penology, which addresses society's response to crime and includes the study of
the criminal justice system. Criminologists are social scientists who utilize the research
methods of modern science to develop a body of general, verifiable principles regarding law,
deviance, and crime. Criminological analysis looks upon crime and deviance not as isolated
events but as highly complex forms of social behavior. To fully understand the meaning of
deviance and crime, the discipline goes beyond the legal definitions of crime and examines the
total social context within which deviance and lawlessness arise. In the process of studying the
causes of crime, a vast body of research has identified age, gender, ethnicity, social class,
family status, and community environments as major social correlates of crime.
Thus, criminology includes within its scope the activities of legislative bodies, law-
enforcement agencies (police), judicial institutions (courts), correctional institutions
(prisons and reformatories) and educational, private and public social agencies
1. Sociology of law
2. Scientific analysis of the causes of crime
3. Crime control
Purpose of Criminology
1. Law
2. Sociology
3. Psychology
4. Medicine
5. Chemistry
6. Public Administration
7. Education
8. Theology
9. Economics
Nature of Criminology
1. It is an applied science.
2. It is a social science.
3. It is dynamic.
The study of crime changes when criminal laws, values, beliefs, social
structure, and other social factors change. Remember that crime is a legal
term. A behavior can be labeled as crime only when it is defined by law as
such. Thus, the study of crime changes when its definition changes.
4. It is interdisciplinary.
5. It is nationalistic.
The study of crimes must be in relation with the existing criminal law
within the territory or country. Finally, the question as to whether an act is
a crime is dependent on the criminal law of a state.
Scope of Criminology
2. Criminal Law and Jurisprudence – covers the study of the Revised Penal Code
and its amendments, and other laws that are penal in nature; criminal
procedure; and the law on evidence.
ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS AND PRACTICE
Section 1. Title. - This Act shall be known as "The Philippine Criminology Profession Act of
2018".
(e) The integration of all criminology professional groups, and membership of all
registered criminologists to the accredited professional organization.
Section 4. Definition of Terms. - As used in this Act, the following terms shall be defined as
follows:
(a) APO refers to the Accredited Professional Organization of criminologists, that the
Professional Regulatory Board of Criminology created hereunder and, hereinafter
referred to as the Board, as the one and only recognized and accredited integrated
national organization of criminologists, subject to the approval of the Professional
Regulation Commission (PRC) hereinafter referred to as the Commission created
under Republic Act No. 8981, otherwise known as the "PRC Modernization Act of
2000";
(b) Board refers to the Professional Regulatory Board for Criminologists created
hereunder;
(c) CHED refers to the Commission on Higher Education (CHED) created under
Republic Act No. 7722, otherwise known as "Higher Education Act of 1994", in the
formulation of policy standards, and monitoring of the criminology education in the
country, which shall be assisted by the Criminology Technical Panel composed of the
president of the APO, Chairperson of the Board of Criminology, one (1) from the
academe, and two (2) from the law enforcement agencies;
(e) Criminology refers to the scientific study of crimes, criminals, and victims, it also
deals with the prevention, and solution of crimes;
(f) Profession refers to the art and science in the practice of criminology discipline;
and,
(g) Registered criminologist refers to a natural person who holds a valid certificate of
registration and an updated professional identification card as criminologist issued by
the Board and the Commission pursuant to this Act.
Section 5. Scope of Practice. - The practice of criminology shall include, but shall not be
limited to, acts or activities performed:
(b) In line with the practice of teaching profession such as those performed by a
professor, instructor or teacher in any university, college or school duly recognized by
the government of any of the following professional and component subjects of the
criminology program: (1) Criminal Jurisprudence and Procedure; (2) Criminalistics;
(3) Law Enforcement Administration; (4) Crime Detection and Investigation; (5)
Correctional Administration; and (6) Criminal Sociology and Ethics, and other
technical and specialized subjects in the criminology curriculum provided by the
CHED;
The Board, in consultation with the APO and the academe, subject to the approval of the
Commission, may revise, exclude from or add to the above enumerated acts or activities as
the need arises to conform with the latest trends in the practice of criminology in the country.
ARTICLE II
PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGISTS
ARTICLE III
EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE
Section 14. Qualifications of an Applicant for the Licensure Examination. - An applicant for
the licensure examination for criminologist shall satisfactorily prove that one possesses the
following qualifications:
(a) Must be a citizen of the Philippines or a foreign citizen whose country/state has
reciprocity with the Philippines in the practice of criminology;
(b) Must be of good moral character, good reputation and of sound mind and body
certified by the school wrhere he/she graduated and the barangay where he/she lives,
unless the examinee is a foreign national a certification from any professional of good
standing will do;
(c) Must hold a bachelor's degree in criminology duly accredited by the CHET) and
conferred by a school/college/university duly authorized by the government or its
equivalent degree obtained by either a Filipino or foreign citizen from an institution of
learning in a foreign country/state: Provided, That it is duly recognized and/or
accredited by the CHED;
(d) Must not have been convicted of an offense involving moral turpitude by a court
of competent jurisdiction; and
(e) Those who failed five (5) times whether consecutive or cumulative in the
criminologist licensure examination, must present a certification issued by a reputable
institution duly recognized by the CHED that such applicant has satisfactorily
completed a refresher course in criminology.
Section 15. Subjects for Licensure Examination. - The licensure examination for
criminologists shall include, but shall not be limited to, the following:
1âwphi1
Subjects Relative Weights
(a) Criminal Jurisprudence and Procedure:
Criminal Law (Book I); Criminal Law (Book II); Related Special Penal Laws;
Criminal Procedure;
Evidence;
Court Testimony 20%
(b) Law Enforcement Administration:
Police Organization and Administration, Police Planning;
Police Patrol Operations, Police Communication System;
Police Intelligence;
Police Personnel and Records Management; Comparative Police Systems;
Industrial Security Management 20%
(c) Crime Detection and Investigation:
Fundamentals of Criminal Investigation;
Special Crime, Organized Crime Investigation; Fire Technology and Arson Investigation;
Traffic Management and Accident Investigation;
Drug Education and Investigation;
Vice Control 15%
(d) Criminalistics:
Forensic Photography; Personal Identification; Forensic Medicine; Polygraphy;
Examination; Forensic Ballistics;
Questioned Documents 20%
(e) Correctional Administration:
Institutional Corrections; Non-Institutional Corrections 10%
(f) Criminal Sociology:
Introduction to Criminology and Psychology of Crimes;
Philippine Criminal Justice System;
Ethics and Values;
Juvenile Delinquency and Crime Prevention;
Human Behavior and Crisis Management; Criminological Research and Statistics 15%
Section 16. Persons to Teach Subjects for Licensure Examination. - All subjects for the
licensure examination shall be taught by a registered criminologist who is a holder of a valid
certificate of registration and updated professional identification card for criminologist, APO
membership, and CPD required units earned, and meet other CHED requirements. Allied
fields in criminology may also be allowed to teach as it may deem proper.
Section 17. Rating in the Licensure Examination. - To pass the licensure examination for
criminologist, a candidate must obtain a weighted average rating of seventy-five percent
(75%) with no grade less than sixty percent (60%) in any given subject. In case the examinee
obtains a weighted average rating of seventy-five percent (75%) but, has a grade below sixty
percent (60%) in any of the subjects, the result of the examinee shall be deferred, and be
required to retake that particular subject/s. The deferred examinee shall only be allowed to
retake once within two (2) years from the date of the examination, and shall be required to
obtain a grade not lower than eighty percent (80%) on the subject, to be considered to have
passed the licensure examination. If the examinee failed to retake after the lapse of two (2)
years or failed to get the passing mark of eighty percent (80%), the examinee shall retake all
the board subjects.
Any examinee who failed three (3) or more board subjects shall be deemed to have failed the
board examination.
Section 18. Report of Rating. - The Board shall submit to the Commission the ratings
obtained by the candidates not later than ten (10) days after the last day of the examination,
unless the period is extended for a valid cause.
Section 19. Oath. - All successful candidates of the licensure examination shall take their
oath of profession in person before the Board or any of its members, and with the APO in an
oath-taking ceremony held for such purpose. Any person authorized by law may administer
oath to any successful examinees only upon membership of the APO prior to entering the
practice of the profession.
ARTICLE IV
PRACTICE OF CRIMINOLOGY
Section 27. Lawful Practitioners of Criminology. - The following persons shall be authorized
to practice the criminology profession:
(2) Holders of valid temporary/special permits issued by the Board and the
Commission to foreign licensed criminologists pursuant to this Act.
(1) Single proprietorship whose owner and technical staff are registered
criminologists;
(2) Partnership duly registered with the Securities and Exchange Commission
(SEC) as professional partnership pursuant to the Civil Code and composed of
partners majority of whom are registered criminologists;
(3) Corporation duly registered with the SEC as engaged in the practice of
criminology and with officers and Board of Directors who are all registered
criminologists; and
These juridical persons shall also be registered with the Board and the Commission in
accordance with the rules and regulations thereon.
Section 28. Seal, Issuance and Use of Seal. - There shall be a seal to be exclusively and
legitimately used by the practitioners of the criminology profession which shall be distributed
by the Board through the APO.
Section 31. Indication of Numbers: Certificate of Registration, Professional Tax Receipt and.
APO Membership. - The practitioner of the criminology profession shall be required to
indicate the certificate of registration number and date of issuance, the expiry of the current
professional identification card, the professional tax receipt number and date, and the APO
membership number and date with official receipt number and date of membership payment
(annual/lifetime) on the documents one signs, uses or issues in connection with the practice
of the profession.
Section 32. Roster of Registered Criminologists. - The Board shall prepare and maintain a
roster showing the names, residence and/or office address of all registered criminologists,
which shall be updated annually in cooperation with the APO, indicating therein the status of
the certificate of registration, professional identification card and APO membership. The
roster shall be made available to any party as may be deemed necessary.
All criminologists whose names appear in the Registry Book of Criminologists shall ipso
facto or automatically become members thereof and shall receive therefrom, all the benefits
and privileges upon payment of APO membership fees and dues. Membership in an affiliate
organization of criminologists shall not be barred.
ARTICLE V
PRIVILEGES OF REGISTERED CRIMINOLOGISTS
Department of Transportation (DOTr); the Air Transportation Office (ATO); the Civil
Aviation Authority of the Philippines (CAAP); the BSP; the BIR; the CHED; the
City/Municipal Security Office; the Provincial Jail; the Provincial Security Office; the Metro
Manila Development Authority (MMDA); the Supreme Court and lower courts; the Security
Consultation; the Social Security System; the NAPOLCOM; the Autonomous Region in
Muslim Mindanao (ARMM); the Optical Media Board; the Intellectual Property Rights
Office; the PDEA; the Public Attorney's Office (PAO); the PPC; government-owned and -
controlled corporations and other government agencies with positions involving the practice
of criminology.1âwphi1
Section 36. Lateral Entry of Registered Criminologists. - Registered criminologists who are
not in the government service shall be eligible and given preference for appointment via
lateral entry as Police, Fire, and Jail Inspectors or its equivalent in the PDEA, NBI, and other
law enforcement agencies: Provided, That they possess the general qualifications for
appointment as provided in the existing laws on appointment of Police Officers in the PNP,
BJMP, BFP, PDEA, or NBI: Provided, further, That those who are already in the police, fire,
and jail service as non-commissioned officers and who are already registered and licensed
criminologists shall be given preference for lateral entry.
Section 37. Penal Clause. - A fine of not less than One hundred thousand pesos
(₱100,000.00) nor more than Five hundred thousand pesos (₱500,000.00), or imprisonment
for not less than two (2) years and one (1) day nor more than six (6) years, or both, at the
discretion of the court shall be imposed upon any person who shall commit any of the
following acts:
(f) Violating any provision of this Act or the IRR thereof. Where the violator is a
juridical person, the Board of Directors and other responsible officers of the
corporation shall be held liable.
Section 38. Enforcement. - In carrying out the provisions of this Act, the Board shall be
assisted by the Commission, the APO, duly constituted government agencies and authorities
and private organizations in the industry.
Let’s Remember:
Raffaele Garofalo, an Italian law professor coined the term criminology.
Criminology is not only the study of crimes and criminal behavior but also the reaction of society
towards crime and criminal behavior.
The findings or knowledge obtained in the study of crimes and criminal behaviors is used to resolve the
crime problem and treatment of criminals.
Let’s Do This:
Quiz
Let’s Check:
1. Criminology
2. Criminology is Dynamic
3. Cesare Lombroso
4. Classical Theory
5. Republic Act. No. 11131
Suggested Readings:
If you want to learn more about the history and theories of criminology, there is a wealth of
information available on the web. You can start your exploration from
https://study.com/academy/lesson/what-is-criminology-definition-history-theories.html
2. The following are natural sciences that may be applied in criminology, except one:
a. Theology c. Public administration
b. Geology d. Education
IDENTIFICATION
5. It refers to any person who has passed the licensure examination for criminologists
and is registered as such by the Board of Criminology.
References/Sources:
Alviola, A. (2013). Introduction to CRIMINOLOGY andPSYCHOLOGY of CRIMES.
https://www.careerprofiles.info/criminologist.html
https://www.sciencedirect.com/topics/agricultural-and-biological-sciences/criminology
Module 2
Module Title: Crime Concepts
Module Description: This module is created for the students to understand Crime and
its elements and for them to be able to discuss Crime
classifications.
Purpose of the Module: This module let the students learn the importance of the effects
of crime to the society and also the effect of society to crimes
Module Guide: The Learners are advised to read, practice and Participate in the
modules lessons.
Module Requirements: At the end of this module, the students will have to pass the
compiled Assessment Activities that this module required.
Learning Plan
Lesson No: 2
The activity will help them understand the three Ingredients of Crime. It will also give them
the idea of the different aspects on how a crime is committed.
Let’s Read:
This entry focuses on the three major sociological theories of crime and
delinquency: strain, social learning, and control theories. It then briefly describes
several other important theories of crime, most of which represent elaborations of
these three theories.
All of the theories that are described explain crime in terms of the social
environment, including the family, school, peer group, workplace, community, and
society. These theories, however, differ from one another in several ways: they focus
on somewhat different features of the social environment, they offer different
accounts of why the social environment causes crime, and some focus on
explaining individual differences in crime while others attempt to explain group
differences in crime (e.g., why some communities have higher crime rates than
other communities).
Biological theory made the common assumptions that physical traits can
lead an individual to criminal activities. Generally speaking, it was thought that
physical attributes were passed down from parent to child. The early biological
theories of crime were focused mainly on heredity of crime and made rather quick
assumptions about the research findings.
Strain theory
Agnew describes two general categories of strain that contribute to crime: (1)
others prevent you from achieving your goals, and (2) others take things you value
or present you with negative or noxious stimuli.
This theory explains that people learn to engage in crime, primarily through
their association with others. They are reinforced for crime, they learn beliefs that
are favorable to crime, and they are exposed to criminal models. As a consequence,
they come to view crime as something that is desirable or at least justifiable in
certain situations. The primary version of social learning theory in criminology is
that of Ronald Akers and the description that follows draws heavily on his work.
Akers's theory, in turn, represents an elaboration of Edwin Sutherland's differential
association theory (also see the related work of Albert Bandura in psychology).
Control theory
Strain and social learning theorists ask, Why do people engage in crime?
They then focus on the factors that push or entice people into committing criminal
acts. Control theorists, however, begin with a rather different question. They ask,
Why do people conform? Unlike strain and social learning theorists, control
theorists take crime for granted. They argue that all people have needs and desires
that are more easily satisfied through crime than through legal channels. For
example, it is much easier to steal money than to work for it. So in the eyes of
control theorists, crime requires no special explanation: it is often the most
expedient way to get what one wants. Rather than explaining why people engage in
crime, we need to explain why they do not.
It came to existence around 1913, and their primary concern was to find a
supporting link between crime and low intelligence. Furthermore, psychological
researches found the difference of eight (8) points in IQ scores between delinquents
and non-delinquents. Besides IQ testing in criminal psychology, other researchers
dealt with personality disorders i.e. Robert Hare made an extensive research of
psychopaths, sociopaths, and antisocial personalities. Hare identified the
mechanism and made a classification of psychopaths.
Definition of Crime
Crime is any rational human conduct that violates a criminal law and is
subject to punishment (Adler, Mueller & Laufer, 1995).
Within the social context, crime is a behavior that violates the norms of
society – or, more simply, antisocial behavior or deviance.
A norm is any standard or rule regarding what human beings should or
should not think, say, or do under given circumstances (Bohm & Haley, 2002).
Elements of Crime
Technically and ideally, a crime has not been committed unless all of the
following elements are present:
2. Legality – This has two aspects. First, the harm must be legally forbidden for
a behavior to be crime. Thus, violations of union rules, or any rules other than
those of a political jurisdiction may be “wrong,” but they are not crimes unless
they are also prohibited by criminal law.
Second, a criminal law must not be retroactive, or ex post facto law:
(1) declares criminal act that was not illegal when it was committed, (2)
increases the punishment for a crime after it is committed, or (3) alters the
rules of evidence in a particular case after the crime is committed.
3. Actus reus – This Latin term refers to criminal conduct – specifically,
intentional or criminally negligent (reckless) action or inaction that causes
harm. Crime involves not only things people do but also things they do not
do. For example: Parents who fail to provide their children with adequate
food, clothing, and shelter, are committing a crime.
4. Mens rea – The Latin term mens rea refers to a criminal intent or a guilty state
of mind.
Offenders who commit crimes with mens rea are to be held liable,
except in the following extenuating circumstances:
a. Acting under duress – e.g. committing robbery to save the life of a loved
one
b. Being underage – e.g. a six-year old child who picks up a gun and
shoots his or her parent
c. Insanity – A person is legally insane if, at the time of the commission
of the act, he or she (1) did not know the nature and quality of the act
or (2) did not know that the act was wrong.
5. Causation – This refers to the causal relationship between the legally forbidden
harm and the actus reus. In other words, the criminal act must lead directly
to the harm without a long delay.
1. Motive or Desire – This is the driving force, the reason why the accused
committed the crime.
2. Opportunity – It refers to the time and place of the commission of the crime.
3. Instruments – These are tools employed by criminals.
From the legal view point, crime exists when the person has been proven
guilty by the court. This view is based on the presumption of innocence as provided
for by the 1987 Constitution that only after trial and the proof beyond reasonable
doubt is established by the prosecution that the accused has committed the crime.
From the scientific point of view, crime exists when it is reported. This is
more realistic, but not all reported cases are with sound basis of true happening.
Some of them are also unfounded.
Crime is an act or omission against the penal law of a state while sin is an
act or omission against the spiritual or divine law.
1. Crime is pervasive.
2. Crime is expensive.
3. Crime is destructive.
4. Crime is reflective.
5. Crime is progressive.
While it is true that crimes are disadvantageous most of the time, for experts
crimes also offer some benefits. The following are viewed advantages of crime
occurrence:
Penal laws are the safeguard of our morality. When morality becomes
low, they serve as reminders to society that something has to be done at
once to prevent morality from going beyond its limits.
3. It is a notification of maladjustment.
CRIME TYPOLOGIES
Simply put, crime typology refers to the type of a particular crime category.
Criminologists group criminal offenders and/or criminal behaviors into categories
or typologies so they may be more easily studied and understood. Crimes are
usually classified according to the degree or severity of the offense, the nature of
the acts prohibited, psychological characteristics of the offender, career patterns of
the offender, or on some other bases.
e. Ordinances
f. Rules and regulations
Crimes are also generally classified as follows: (Siegel, 2004; Cole & Smith,
2008)
1. Violent crimes include offenses where violence was applied. They are also
called acts or crimes against persons. Rape, assault, domestic violence,
robbery, and murder belong to this category.
and aimed at gaining control over whole fields of activities in order to have
profit.
2. Public order crimes. They are unlawful acts that interfere with the normal
operation of society and the ability of people to function efficiently. Moreover,
they are sometimes called “victimless crimes” because there is no direct,
tangible, and complaining victim. However, some argue that
secondary victims – family, friends, acquaintances, and society at large – can
be identified. Prostitution, pornography, drug addition, gambling, public
drunkenness, vandalism, and disorderly conduct are among behaviors that
fall under this category. Although the police treat them as minor offenses,
some scholars argue that they can lead to more serious crimes.
1. Mala in se – The term means “evil in itself.” They are crimes that are
“wrong in themselves.” They are characterized by universality and
timelessness, that is, they are considered crimes everywhere and have
been crimes at all times. For example: murder, rape and robbery
If the acts are inherently immoral, they are mala in se, even though
they are punished by special laws, not by general criminal laws
(People vs. Bayanes, CR-08735, January 23, 1991).
1. By means of dolo or deceit – when the act was done with deliberate
intent (intentional felony).
2. Frustrated crimes – when the offender has performed all the acts of
execution which will produce the felony as a consequence but which,
nevertheless, do not produce the felony by reason of cause independent
of the will of the perpetrator.
The single act of firing a shot causing the death of two persons who
were standing on the same line of the direction of the bullet
Note: Theft of firearm and illegal possession of same firearm do not form
a complex crime; they are two distinct crimes.
1. Grave felonies – those to which the law attaches the capital punishment or
afflictive penalties.
Reclusion perpetua
Reclusion temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor
2. Less grave felonies – those which the law punishes with penalties which
are correctional in nature.
Prision correccional
Arresto mayor
Suspension
Destierro
Note: It is a less grave felony if the amount of the fine imposed is more
than 200 pesos but not exceeding 6,000 pesos.
3. Light felonies – those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding 200 pesos, or both, is
imposed.
Examples:
Tax evasion
Stocks manipulation
Plunder
Bribery, graft and corruption
Bankruptcy fraud
Fraud against the government
Computer crimes
Insurance fraud
Political fraud
Classification of Criminals
1. Acute criminals – They commit crimes due to impulses of the moment, fit of
passion, anger, or spell of extreme jealousy.
2. Chronic criminals – They are those who acted in consonance with deliberate
thinking.
6. Professional criminals – They are highly skilled and able to obtain considerable
amount of money without being detected due to organization and contact with
professional criminals. They are always able to escape conviction, and they
specialize in crimes that require skills.
8. Situational criminals – They are not actually criminals but commit crimes due
to a given situation; sometimes their criminal activities are intermixed with
legitimate activities.
9. Habitual criminals – They continue to commit criminal acts for diverse reasons
due to deficiency of intelligence and lack of self-control.
11. Passive-inadequate criminals – They commit crimes because they are pushed
to do it, by inducement, reward, or promise without considering the
consequences. For this, they are called “ulukan.”
12. Socialized criminals – They are normal in their behavior but mere
inadequate and defective in their socialization process. To this group
belong the educated, respectable members of society. They become criminals
on the account of some situation they are involved.
1. Recidivist – is 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 Revised Penal Code.
3. Habitual Delinquent – is one who, within a period of ten (10) years from the
date of his release or last conviction of the crimes of serious or less serious
physical injuries, robbery, estafa, or falsification, is found guilty of any of the
said crimes for the third time or oftener.
Measuring Crimes
The Philippine National Police (PNP), as the premier law enforcement agency,
acknowledges the important role of generating statistical crime data in the overall
assessment of crime trends in the country. Hence, the PNP Headquarters issued
“Letter of Instructions: Unit Crime Periodic Report (UCPER)” dated April 22, 2009.
This directive prescribes a uniform procedure in reporting and collecting crime data
reported to the different law enforcement agencies.
As described in the said directive:
“Crime statistics provide a mathematical measure of the level or amount of
crime that is prevalent in societies. The gathered crime data would help the
law enforcement sector present an accurate crime situation of the country.”
Some of the salient provisions of the UCPER are presented in the foregoing
discussion.
1. The National Crime Reporting System (NCRS) – concerned more with the details
of the crime such as victim’s data, offender’s data, among others.
2. Police Regional Office Periodic Report (PROPER) – mainly concerned with what
happened, where, to whom, why, and the results of investigation.
Definition of Terms
a. Crimes – include felonies which are violations of the Revised Penal Code and
offenses which are violations of special laws.
d. Crime Rate – is the number of crime incidents in a given period of time for every
100,000 inhabitants of an area.
Crime Volume
Crime Rate = ---------------------------
Population/100,000
e. Index Crimes – are crimes which are serious in nature and which occur with
sufficient frequency and regularity such that they can serve as an index
to the crime situation. Only the crimes of murder, homicide, physical
injury (serious and less serious), carnapping, cattle rustling, robbery,
theft and rape are considered as index crimes.
1) When the following elements occur: The offender has been identified; there
is sufficient evidence to charge him; the offender has been taken into
custody; and the offender has been charged before the prosecutor’s office
or court of appropriate jurisdiction.
2) When some elements beyond police control prevent the arrest of the
offender, such as when the victim refuses to prosecute after the offender
is identified or the offender dies or absconds.
g. Crime Solution Efficiency (CSE) – is the percentage of solved cases out of the
total number of crime incidents handled by law enforcement agencies
for a given period of time.
Solved Cases
CSE = --------------------------- x 100%
Crime Volume
h. Cleared Case – A case shall be considered cleared when at least one of the
offenders has been identified; there is sufficient evidence to charge him;
and he has been charged before the prosecutor’s office or any other
i. Crime Clearance Efficiency (CCE) – is the percentage of cleared cases out of the
total number of crime incidents handled by law enforcement agencies
for a given period of time.
Let’s Remember:
Crime exists when the person has been proven guilty by the court.
Crime is committed against the law of state while immorality is committed against the
unwritten social norms in a locality.
Crime statistics provide a mathematical measure of the level or amount of crime that
is prevalent in societies. The gathered crime data would help the law enforcement
sector present an accurate crime situation of the country.
Let’s Do This:
QUIZ
Let’s Check:
1. Crime
2. Norm
3. Actus Reus
4. Rational Crime
5. Crimes of Passion
Suggested Readings:
If you want to learn more about the Major Concepts and Theories, there is a wealth of
information on the web. You can start your exploration here;
https://www.britannica.com/science/criminology/Major-concepts-and-theories
1. It refers to any standard or rule regarding what human beings should or should not
think, say or do under given circumstances.
a. Deviance c. Norm
b. Crime d. Misdemeanor
3. When the wrongful act results from imprudence, negligence, lack of foresight, or lack
of skill, this is crime committed by means of
a. Actus rea c. Dolo
b. Culpa d. Mala In Se
IDENTIFICATION
1. It includes felonies which are violations of the Revised Penal Code and
offenses which are violations of special laws.
2. A case shall be considered cleared when at least one of the offenders has
been identified; there is sufficient evidence to charge him; and he has been
charged before the prosecutor’s office or any other court of appropriate
jurisdiction.
3. It is 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 Revised Penal Code.
4. These are crimes which are serious in nature, and which occur with
sufficient frequency and regularity such that they can serve as an index to
the crime situation.
5. It is one who, within a period of ten (10) years from the date of his release or
last conviction of the crimes of serious or less serious physical injuries,
robbery, estafa, or falsification, is found guilty of any of the said crimes for
the third time or oftener.
6. They commit criminal acts as a result of unanticipated circumstances.
References/Sources:
Alviola, A. (2013). Introduction to CRIMINOLOGY andPSYCHOLOGY of CRIMES.
https://www.careerprofiles.info/criminologist.html
https://www.doj.gov.ph/files/ccc/Criminal_Code_September-2014(draft).pdf
Module 3
Module Title: Criminal Etiology
Purpose of the Module: This module let the students learn the importance of the causes
of crime based on how they are affected by different
circumstances.
Module Guide: The Learners are advised to read, practice and Participate in the
modules lessons.
Module Requirements: At the end of this module, the students will have to pass the
compiled Assessment Activities that this module required.
Learning Plan
Lesson No: 3
Let’s Find Out: The activity will help them be familiarize with the definitions
needed in the subject.
Let’s Read:
The classic studies of Juke and Kallikak families were among the first to show that
feeblemindedness or low intelligence was in inherited and transferred from one generation to
the next. Numerous tests were likewise conducted that lead to the development of the use of
IQ test as a reading procedure for offenders. The very first results seemed to confirm that
offenders had low mental abilities. They were found to be mentally impaired and incapable of
managing their affairs.
Authorities such as Bartol, Wilson and Herrstein indicate evidence that intelligence is
inherited, as shown by the numerous studies conducted. They were one in concluding that an
estimate of 10-point gap exists on IQ scores between offenders and non-offenders, non-
offenders scoring higher. Moreover, most offenders fall in the low-normal or bolder line rane
(60 to 100 Points)
The following concepts provide a scenario on how criminality was dealt with
in the early times:
1. Crime is caused by demon (Paganism Era). Men violate social norms and
religious practices because they are possessed by demons or evil spirits.
2. Crime is caused by divine will. Men manifest criminal behavior because they
are sinful. God is the offended party when they commit crimes, and the
punishment is in the form of plagues, earthquakes, or other forms of
desolation. This way, God’s anger is lessened.
4. Crime is equal to sin (Middle Ages). Crimes and sins were treated as the same
substance and nature. The state claimed that it was acting in the place of God
when it inflicted horrible punishments such as ostracism, stoning, exile from
the community, burning, decapitation, and capital punishment.
included running the gauntlet (a double line of people with whips, fraternity
paddles, or other weapons) and walking on fire.
The methods employed to test the proposition that criminality was inherited
are the following:
A. Family Studies
In this method, the family known to have many criminals was compared
with a family free of criminals.
Some studies were conducted to prove that children of criminal parents are
more likely to become law violators than children of conventional parents.
They are as follows:
C. Adoption Studies
This method compared the criminal records of adopted children who were
adopted at relatively early age with the criminal records of adopted parents. Several
studies indicate that some relationship exists between biological parents’ behavior
and the behavior of their children. In the most significant study, Hutchings and
Mednick found that the criminality of the biological father was a strong predictor of
the child’s criminal behavior. An analysis of Swedish adoptees also found that
genetic factors are highly significant accounting for 59 percent of the variation in
their petty crime rates. Boys who had criminal parents were significantly more
likely to violate the law.
Are taller than the average male, often standing 6’1” or more.
Suffer from acne or skin disorders.
Are of less than average intelligence.
Are overrepresented in prisons and mental hospitals.
Come from families with less history of crime or mental illness.
Physiognomy
Phrenology or Craniology
Physiology or Somatotype
Kretschmer studied the different body types and presented the relationship
between physique and mental illness. He classified the body build into three
distinct types:
1. Asthenic type - thin with long narrow arms, delicate bone structure and
appearance; could also be muscular and athletic. This body type is associated
with schizophrenia and tends to be idealistic, introverted, withdrawn, and
prone to commit larceny and fraud cases.
2. Pyknic type – round, fat and fleshy body; associated with manic-
depressiveness. Persons with this built tend to be moody, extrovert, jolly and
realistic. They are prone to commit deception, fraud and violence.
3. Dysplastic type – partly asthenic and partly pyknic with no identifiable mental
illness. Their offenses are against decency and morality.
Body Types
Psychoanalytic Theory
Freud attributed these feelings to man’s personality structure: the id, ego
and the super-ego, as follows: Sigmund Freud (1856-1939)
Sociologists emphasize that human beings live in social groups, and that
those groups and the social structure they create influence behavior. Most
sociological theories of crime causation assume that a criminal’s behavior is
determined by his or her social environment, which includes families, friends,
neighborhoods, and so on. Most sociological theories of crime explicitly reject the
notion of the born criminal.
Techniques of Neutralization:
Denial of responsibility
Denial of injury
Denial of victim
C. Conflict Theory
against labor, men against women, adults against children. In many cases,
competing interest groups are not equal in power and resources. Consequently, one
group is dominant and the other is subordinate. One of the earliest theorists to
apply conflict theory to the study of crime was George Fold.
Radical Theory
Although Karl Marx wrote very little about crime and criminal justice,
radical theories of crime causation are generally based on Marx’s ideas. Among the
first criminologists to employ Marxist theory to explain crime and justice were
Richard Quinney, William Chambliss and Anthony Platt.
Commonly called labeling theory, the focus of social reaction theory is the
criminalization process – the way people and actions are defined as criminal. The
distinguishing feature of all “criminals” is that they have been the object of a
negative social reaction.
Labeling Theory
This theory states that the reaction of other people and the immediate effects
of these reactions create deviance. Once it became known that a person has
engaged in a delinquent behavior, said person is segregated from society, and a
label such as “thief,” “drug addict,” and “criminal,” is attached to the person.
There are three independent, yet overlapping branches within the social
structure perspective – social disorganization, strain theory, and cultural deviance
theory.
2. Strain Theory
This theory holds that crime is a function of the conflict between the
goals people have and the means they can use to legally obtain them.
Although social and economic goals are common to people in all economic
strata, strain theorists argue that the ability to obtain these goals is class-
dependent.
Geographical Factors
Crimes against persons are more in summer than in rainy season while
crimes against property are more during rainy season.
4. Soil Formation
More crimes of violence are recorded in fertile level lands than in hilly,
rugged terrain. In these places are more congregations of people, and there is more
irritation. Also, there is more incidence of rape in level districts.
There is frequent incidence of violent crimes during warm months from April
to July having its peak in May. This is due to May festivals, excursions, picnics,
and other sorts of festivities wherein people are more in contact with one another.
6. Temperature
Studies showed that the number of arrests increases quite regularly with the
increase of temperature. Increase of temperature affects the emotional state of the
individual and leads to fighting. Furthermore, the influences of temperature upon
females were greater than upon males.
8. Wind Velocity
Studies explained that during high wind, arrests were less. It may be due to
the presence of more carbon dioxide in the atmosphere that lessens the vitality of
men to commit violence.
Other Sociological Causes of Crimes
Let’s Remember:
{Place here summary of the lessons}
Cesare Beccaria was the first one to use Physiognomy on his book.
Physiology or Somatotype approach was originated by Kretschmer and developed by
William Sheldon.
Let’s Do This:
Let’s Check:
Suggested Readings:
If you want to learn more about the etiology of criminality, there is wealth of information
available on the web. You can start exploring here:
https://www.ncjrs.gov/pdffiles1/Digitization/60117NCJRS.pdf
IDENTIFICATION
References/Sources:
Alviola, A. (2013). Introduction to CRIMINOLOGY
andPSYCHOLOGY of CRIMES.
https://www.jstor.org/stable/pdf/590155.pdf
https://www.bbc.co.uk/bitesize/guides/zqb2pv4/revision/
Module 4
Module Title: Victimology
Purpose of the Module: This module let the students learn the importance of the role
played by the victim in a criminal incident
Module Guide: The Learners are advised to read, practice and Participate in the
modules lessons.
Module Requirements: At the end of this module, the students will have to pass the
compiled Assessment Activities that his module required.
Learning Plan
Lesson No: 4
Let’s Find Out: The activity will help them familiarize the types of victims and it will
help them to better understand the upcoming lesson.
Let’s Read:
Being at their most vulnerable state after the crime experience, the victims are in need of some
support to easily cope. Some of the services provided to them include:
The criminal justice system spends the bulk of its time and energy trying to
control criminals. It was within this preoccupation of understanding criminal
activity and identifying the causes of criminal behavior that the victim was
Of course, there is no way that a victim should be blamed for becoming one.
Every individual has the right to live and to be spared from the risks and harms of
a violent crime. Yet, the fact remains that to understand the offender, one must
first understand the victim.
It was the scientist Hans von Hentig, a victim of Nazi persecution, who
focused criminologists’ attention to the significance of the victim in criminal
activity. His book The Criminal and His Victim may be said to have founded
victimology as a new branch of study.
Goals of Victimology
1. To understand and measure the extent and nature of crime as victims perceive
them
2. To assess the relative risk of victimization
3. To appreciate the nature and extent of losses, injuries, and damages
experienced by victims of crime
4. To study the relation between victim and offender
5. To investigate the social reaction of the family, community, and society toward
the victim of crime.
TYPES OF VICTIMIZATION
Personal Victimization
Personal victimization occurs when one party experiences some harm that is
a result of interacting with an offending party. Personal victimizations can be lethal
(e.g., homicide), nonlethal (e.g., assault), or sexual (e.g., forced rape). These
victimizations can be violent (e.g., robbery) or nonviolent (e.g.,
psychological/emotional abuse). Examples of personal victimization also include
domestic violence, stalking, kidnapping, child or elder
Property Victimization
3. The Old – incapable of physical defense, and the object of confidence schemes
4. The Mentally Defective – unable to think clearly, e.g. the feeble-minded, the
insane
7. The Dull Normals – the simple-minded person, the “born victims of swindlers”
2. The Acquisitive or Greedy – always wanting more, looking for quick gains
6. The Tormentor – a victim who asked for it, often from his or her own family
and friends
3. Victim as Guilty as Offender – Victim was engaging in vice crimes and was
hurt, e.g. suicide victim.
4. Victim More Guilty Than Offender – Victim provoked or instigated the causal
act.
5. Most Guilty Victim – Victim started off as the offender and was hurt in turn.
Victim Characteristics
Age – Victim data reveal that young people face a much greater victimization
risk than do older persons.
Gender – Except for the crimes of rape and sexual assault, males are more
likely than females to suffer violent crime. Men are twice as likely as women
to experience aggravated assault and robbery. Women, however, are six times
more likely than men to be victims of rape or sexual assault.
Social Status – People in the lowest income categories are much more likely to
become crime victims than those who are more affluent. Poor individuals are
most likely the victims of crime because they live in crime-prone areas, such
as the slums and urban areas. Although the poor are more likely to suffer
violent crimes, the wealthy are more likely to be targets of personal theft
crimes, such as pocket picking and purse (bag) snatching.
Marital Status – Divorced and never-married males and females are victimized
more often than married people. Widows and widowers have the lowest
victimization risk.
Race – In the U.S., African Americans (Blacks) are more likely than whites to
be victims of violent crime.
Residence – Urban residents are more likely than rural or sub-urban residents
to become victims of crime.
Surveys reveal some of the differences in the public’s fear of crime. Among
these differences are the following:
Age – People 30 years old and older are slightly more fearful than people less
than 30 years old.
Community – People living in urban areas are more fearful than people living
in rural areas.
Region – Easterners and Southerners are more fearful than Westerners and
Midwesterners.
Education – The higher the level of education of a person, the lower is the
person’s fear for crime.
Theories of Victimization
For many years criminological theories focused on the actions of the criminal
offender; the role of the victim was virtually ignored. In contrast, modern
victimization theories already acknowledge that the victim is not a passive target in
crime, but someone whose behavior can influence his or her own fate.
High-Risk Victims – Victims in this group have a lifestyle that makes them
a higher risk for being a victim of a violent crime. The most obvious high
risk victim is the prostitute. Prostitutes place themselves at risk every
single time they go to work. They are of high risk because they get into a
stranger's car, go to secluded areas with strangers, and for the most
part, attempt to conceal their actions for legal reasons. Offenders often
rely on all these factors and specifically target prostitutes because such
conditions lower their chances of becoming suspects in the
crime. Therefore, in this example, the prostitute is a high risk victim
creating a lower risk to the offender.
Moderate-Risk Victims – Victims that fall into this category are lower risk
victims, but for some reason were in a situation that placed them in a
greater level of risk. A person that is stranded on a dark, secluded highway
due to a flat tire and accepts a ride from a stranger and is then victimized,
would be a good example of this type of victim level risk.
The chart that follows shows variables that should be considered when
gathering information on a victim.
Hobbies
Source: http://www.deviantcrimes.com/victimology.html
After all the information has been gathered, a timeline of events leading up to
the crime should be created in order to better understand how this specific individual
became a victim of a violent crime.
Research in America suggested that crime victims can suffer any of the
following reactions: (Kahn, 1984 as cited by Ainsworth, 2000)
Other effects of crime to victims include loss, suffering, fear (fear for others),
Obsessive-compulsive Disorder (extreme preoccupation with certain thoughts and
compulsive performance of certain behaviors), and antisocial behavior. Also, there
is growing evidence that people who are crime victims also seem more likely to
commit crime themselves.
Being at their most vulnerable state after the crime experience, the victims are
in need of some support to easily cope. Some of the services provided to them include:
Let’s Remember:
{Place here summary of the lessons}
Hans von Hentigs Book “The Criminal and His victim” may be said to have founded
victimology as a new branch of study.
Benjamin Mendelsohn is referred to as the “father” of victimology.
Let’s Do This:
QUIZ
Let’s Check:
1. Benjamin Mendelsohn
2. Hans von Hentig
3. Episodic Crimes.
4. Blue-Collar Crimes
5. Crime Solution Efficiency (CSE)
Suggested Readings: If you want to learn more about how the victimology is helping
forensic psychology professionals improve multiple aspects of the
criminal justice system. There is a wealth of information available on
the Web. You can start your exploration here:
https://www.waldenu.edu/online-masters-programs/ms-in-forensic-
psychology/resource/what-is-victimology-and-why-is-it-important-in-
forensic-psychology
4. A person that is stranded on a dark, secluded highway due to a flat tire, and accepts a
ride from a stranger would be a good example of this type of victim level risk.
a. High-Risk Victim
b. Moderate-Risk Victim
c. Extremely High-Risk Victims
d. Low-Risk Victims.
5. This theory asserts that there are three variables of victimization – the availability of
suitable targets, the absence of capable guardians, and the presence of motivated
offenders.
a. Deviant Place Theory c. Victim Precipitation
b. Routine Activity d. Lifestyle Theory
IDENTIFICATION
1. It is a branch of criminology which examines the role played by the victim in
a criminal incident. In simpler terms, it is the study of the victims of crime.
2. According to this theory, victims do not encourage crime but are victim-prone
because they reside in socially disorganized high-crime areas where they have
the greatest risk of coming into contact with criminal offenders.
3. According to this theory, people may become crime victims because their
lifestyle increases their exposure to criminal offenders.
4. According to this view, some people may actually initiate the confrontation
that eventually leads to their injury or death. Victim precipitation can be
either active or passive.
5. This theory was first articulated by Lawrence Cohen and Marcus Felson.
They concluded that the volume and distribution of predatory crime are
closely related to the interaction of three variables that reflect the routine
activities.
References/Sources:
Alviola, A. (2013). Introduction to
CRIMINOLOGY andPSYCHOLOGY of CRIMES.
Module 5
Module Title: Introduction to Criminal Law
Module Description: This module is about the General Information of Law. Mostly,
it’s Basics.
Purpose of the Module: This module let the students learn the importance of order (law)
as an essential part of the society
Module Guide: The Learners are advised to read, practice and Participate in the
modules lessons.
Module Requirements: At the end of this module, the students will have to pass the
compiled Assessment Activities that this module required.
Learning Plan
Lesson No: 5
Different Latin Maxims is one of the basics used in the study of law. It will help them
to better understand the criminal law.
Let’s Read:
The Revised Penal Code took effect on January 1, 1932. To this day, it remains in force.
It penalizes classes of acts that are generally criminal, such as murder or homicide, rape,
robbery, and theft. Elements that each crime compromises are also defined in the code.
The Revised Penal Code has two parts – Book One provides the general provisions on
the application of the law and the general principles of criminal law. It defines and classifies
felonies and identifies circumstances which affect criminal liability. It also stipulates the
classification, duration, and effects of criminal penalties. Likewise, it provides for the existence
and extinction of criminal and civil liabilities in crimes. Book Two of the Revised Penal Code,
on the other hand, defines and classifies the specific crimes and their corresponding penalties.
On the other hand, not all crimes in the Philippines are penalized under the Code.
Certain Acts, such as the possession of firearms, are penalized under special legislations
contained in the Republic Acts. Also, crimes concerning illegal drug use or trafficking are
penalized under the Comprehensive Dangerous Drugs Act of 2002.
With the abolition of the Death Penalty in 2006, the highest possible penalty under the
Revised Penal Code at present is reclution perpetua, which ranges from 20 years and 1 day to
40 years imprisonment. Life imprisonment as a penalty is not provided for in the Revised Penal
Code, although it is imposed by other special laws such as the Comprehensive Dangerous
Drugs Act.
Order is essential for society, and law can be conceived as simply a body of rules
governing a social order. This section provides a brief discussion on how laws came
to be.
Distinctions are made among the terms norms, folkways, mores, and laws.
Norms indicate societal expectations of what is right or “normal,” of what ought to
be; they may also indicate what is wrong or “abnormal,” what ought not to be.
Formalization of folkways and mores generates laws. Laws have at least two
forms. Customary laws are perhaps the oldest form. They represent the codification
of traditional practices and include definitions of the condemned act or omission,
the procedures for determining guilt or innocence, and the punishments for those
found guilty. An example would be the Roman Law, more popularly known as the
Twelve Tables (450 B.C.). These
laws governed all aspects of life and death in Rome – including crimes and
punishments – for nearly 2,000 years. In contrast, enacted laws are deliberately
recorded by an official representative or representatives of the community. They are
explicit and carry the weight of the community. The intent of enacted law is
deterring crime through punishments rather than merely serving as retaliation or
revenge (Winfree & Abadinsky, 2003).
Definition of Law
Law may be defined as formal social control involving the use of rules or
norms that are enacted, interpreted, administered, and enforced by specialized
agents of the political state or community. Specifically, laws are formalized rules
that prescribe or limit actions (Voigt et al., 1994).
Criminal Law is that branch or division of law which defines crimes, treats
of their nature, and provides for their punishment (Revised Penal Code of the
Philippines).
Criminal law is a public law (as opposed to private law) because the state
behaves as if it were the aggrieved party when criminal law is breached.
Goals of Law
People who engage in any criminal act are illegible for severe sanctions. By
outlawing these behaviors, the government expects to achieve the following goals in
creating each country’s penal code:
1. Enforcing social control. Those who hold political power rely on criminal law
to formally prohibit behaviors believed to threaten societal well-being or to
challenge their authority.
6. Maintaining social order. All legal systems are designed to support and
maintain boundaries of the social system they serve. In a way, the contents of
the criminal law are a mere reflection of the needs of those who control the
existing economic and political system than the representation of the few.
2. Specificity –It is the scope of criminal law. Although civil law may be general
in scope, criminal law should provide definitions of specific acts. For example:
A person stole an airplane but was found not guilty of violating a criminal law
that prohibited the taking of “self-propelled vehicles.” The judge ruled that at
the time the law was enacted, vehicles did not include airplanes.
4. Uniformity – It is how the criminal law should be enforced. Ideally, the law
should be administered without regard for the status of a person, e.g. whether
the offender is young or old, rich or poor, and so on.
The beginnings of criminal law can be traced more than 3,000 years ago. The
following are the ancient legal codes recorded in history:
his law (the 613 laws of the Old Testament, including the Ten Commandments)
presented to them by Moses.
The Roman Law (450 B.C.). This is contained in the Twelve Tables,
formulated by a special commission of ten noble Roman men in response to
pressure from lower classes, who were referred to as plebeians. The plebeians
believed that an unwritten code gave arbitrary and unlimited power to the wealthy
classes, known as patricians, who served as magistrates. The remnants of the code
reflect laws on debt, family relations, property, and other daily matters.
The Common Law. Because the ancient legal codes had been lost during
the Dark Ages (Middle Ages), the concept of law and crime during this long 500-
year period was in disarray and often guided by superstition and local custom.
The Code of Kalantiaw (1433). A mythical legal code believed to have been
written by Datu Kalantiaw of the island of Negros, the Code of Kalantiaw
purportedly had existed during the Pre-Spanish era.
Upon the coming of the Spaniards, the Spanish Codigo Penal was made
applicable by virtue of Royal Decree of 1870. It was later replaced by the old Penal
Code (1876) until the American colonization. On December 8, 1930, the same penal
code was amended through Act No. 3815, otherwise known as “The Revised Penal
Code.”
1. The Revised Penal Code (Act No. 3815) and its amendments
Note: Court decisions are not considered as sources of criminal law, since they
merely explain the meaning of and apply the law as enacted by the legislative
branch of the government.
1. It is general in application. All the provisions of our criminal law are equally
applied to all persons who are living within the territories of the land,
regardless of their sex, race, religion, education, status, and other personal
circumstances.
However, certain exceptions are defined: (a) heads of states or
countries; (b) foreign diplomats and duly accredited ambassadors from other
countries; (c) foreign troops permitted to be in our country to participate in
any war exercises.
Also, there are cases where our criminal law does not apply even if the
crime is committed by a person residing in the Philippines. They could be
subject to the principles of public international law and to treaty
stipulations.
4. It is specific and definite. The criminal law gives a strict definition of the
specific act committed. However, when doubt exists as to whether a definition
contained in the Revised Penal Code applies to the accused or not, the judge
is to decide in favor of the accused.
The Revised Penal Code took effect on January 1, 1932. To this day, it
remains in force. It penalizes classes of acts that are generally criminal, such as
murder or homicide, rape, robbery, and theft. Elements that each crime comprises
are also defined in the Code.
The Revised Penal Code has two parts – Book One provides the general
provisions on the application of the law and the general principles of criminal law.
It defines and classifies felonies and identifies circumstances which affect criminal
liability. It also stipulates the classification, duration, and effects of criminal
penalties. Likewise, it provides for the existence and extinction of criminal and
civil liabilities in crimes. Book Two of the Revised Penal Code, on the other hand,
defines and classifies the specific crimes and their corresponding penalties.
On the other hand, not all crimes in the Philippines are penalized under the
Code. Certain acts, such as the illegal possession of firearms, are penalized under
special legislations contained in Republic Acts. Also, crimes concerning illegal drug
use or trafficking are penalized under the Comprehensive Dangerous Drugs Act of
2002.
With the abolition of the death penalty in 2006, the highest possible penalty
under the Revised Penal Code at present is reclusion perpetua, which ranges from 20
years and 1 day to 40 years imprisonment. Life imprisonment as a penalty is not
provided for in the Revised Penal Code, although it is imposed by other special laws
such as the Comprehensive Dangerous Drugs Act.
2. Nullum crimen, nulla poena sine lege – There is no crime when there is no
law punishing the same.
3. Actus non facit reum, nisi mens sit rea – The act cannot be criminal where
the mind is not criminal.
4. Actus me invito factus non est meus actus – An act done by me against my
will is not my act.
5. El que es causa de la causa es causa del mal causado – He who is the cause
of the cause is the cause of the evil caused.
There are two important theories in criminal law: (1) the classical theory,
and (2) the positivist theory.
1. The basis of criminal liability is human free will, and the purpose of penalty is
retribution.
Whether the wrongdoing is punished under the Revised Penal Code or under
a special law, the generic word crime can be used.
Felonies
Felonies are acts and omissions punishable by law. The following are
elements of felonies:
1. There must be an act or omission.
2. The act or omission must be punishable by law.
3. The act must be committed by means of deceit (dolo) or fault (culpa).
An act refers to any kind of body movement that produces change in the
outside world. Acts particularly refer to overt acts or external acts. Overt act or
external act is some physical activity or deed, indicating the intention to commit a
particular crime.
(The lack of intelligence makes one unable to determine the morality of his
acts and the effect of his actions.)
3. Have intent while doing the act or omitting an act. This is shown by overt acts.
On the other hand, in culpable felonies, the act or omission of the offender
is not malicious. The injury caused by the offender to another is “unintentional,” it
being simply the incident of another act performed without malice.
Let’s Remember:
Law may be defined as formal social control involving the use of rules or norms that
are enacted, interpreted, administered and enforced by specialized agents of the
political state or community.
The Beginnings of criminal law can be traced more than 3,000 years ago.
Court decisions are not considered as sources of criminal law.
There are two important theories in criminal law: The Classical Theory and the
Positivist Theory
Let’s Do This:
QUIZ
1. It is a branch or division of law which defines crimes, treats of their nature, and provides
for their punishment.
2. This Book contains the Philippine Criminal Law.
3. It refers to the Scope of Criminal Law.
4. “An act done by me against my will is not my act”
5. A crime Punished under a special Law.
Let’s Check:
1. Criminal Law.
2. The Revised Penal Code.
3. Specificity
4. Actus me invite factus non est meus actus.
5. Statutory Offense.
Suggested Readings:
If you want to learn more about the criminal code of the Philippines, there is wealth of
information available on the Web. You can start your exploration here:
https://www.doj.gov.ph/files/ccc/Criminal_Code_September-2014(draft).pdf
1. They define what is socially approved or disapproved, but they do not reflect a sense
of moral obligation
a. Folkways c. Mores
b. Norms d. Laws
2. It is a branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.
a. Civil Law c. Political Law
b. Criminal Law d. All of these
3. This book contains the Philippine Criminal Law. Likewise, it is embodied in different
special laws and decrees which are penal in nature.
a. Criminal Code c. The Revised Penal Code
b. Penal Code d. Amended Penal Code
4. This was based on tradition that God entered into a covenant with the tribes of Israel.
In return for God’s care and protection, They agreed to obey His law.
a. The Common Law
b. The Mosaic Code
c. The Code of Hammurabi
d. The Code of Kalantiaw
IDENTIFICATION
References/Sources: