CRIMINAL JUSTICE SYSTEM

LAW AND CRIME

Law is a body of official rules and regulations, generally found in constitutions, legislation,
judicial, to control the behavior of its members.

Most of the laws are penal in nature.

Penal laws are those acts of legislature which prohibit certain acts and establish penalties for
their violation or those that defines crimes, treats of their nature and and provide for their
punishment.

Types of Law

Civil law- A branch of Law that treats the personal and family relations of a person, his
property and successional rights, and the effects of obligation and contracts.

Criminal law- is that branch or division of law which defines crimes, treats of their nature, and
provides for its punishment

Sources of Criminal Law

1. The Revised Penal Code

2. Special penal laws and penal Presidential Decrees issued during Martial Law.

CHARACTERISTICS OF CRIMINAL LAW

a. Generality- criminal law is binding on all persons who live or sojourn in the
Philippines, regardless of age, sex or nationality.
b. Territoriality criminal laws are applicable only if the crime is committed within
Philippine territory.
c. Prospective - criminal law cannot make an act punishable in a manner in which it was
not punishable when committed.

Excemptions:

Generality

A. Treaty stipulation

RP US Visiting Forces Agreement

U.S. authorities have jurisdiction with respect to:

1. Offenses committed by U.S. military against the property or security of the U.S. or solely
against the property or person of U.S. personnel.
2. Offenses arising out of any act or omission done in the performance of official duty.

B. Laws of Preferential application

Any ambassador or public minister of any foreign State, authorized and received as such by
the President, or any domestic or domestic servant of any such ambassador or minister
are exempt from arrest and imprisonment and whose properties are exempt from restraint,
seizure and attachment. (R.A. No. 75)

Diplomatic immunity is a form of legal immunity that ensures diplomats are given safe
passage and are considered not susceptible to lawsuit or prosecution under the host
country's laws, but they can still be expelled.

C. principles of Public international Law

a. sovereigns and heads of the state

b. ambassadors

c. minister plenipotentiary- a diplomatic agent ranking below an ambassador but possessing

full power and authority.

d. minister resident- a diplomatic agent resident at a foreign court or seat of government and
ranking below a minister plenipotentiary.

e. charge d’affaires- is a diplomatic official who temporarily takes the place of an

ambassador. He is a diplomat as an embassy’s chief of mission in the absence of the
ambassador.

Territoriality

Scope of application of Principle of Territoriality

1. intra-territorial application
2. extra territorial application

1. Intra- territorial application- Penal Laws shall be applied and enforced within
Philippine territory except as provided in treaties and laws of preferential application
and also by virtue of the principles of public international laws.

2. Extra Territorial Application

a. Should commit an offense while on a Philippine ship or airship

b. Should forge or counterfeit any coin or currency note of the Philippine Island or
obligations and securities by the government of the Philippine Island;

c. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the abovementioned list of circumstances.
 d. While being a public officers and employees, should commit an offense in the
exercise of their functions.

e. Should commit any of the crimes against national security and law of nations, defined
in the Title One of Book Two of this Code.

Prospective

• Penal laws as a rule, only have prospective application because on Art. III, Section 2
of 1987 Constitution prohibits the enactment of ex post facto law

• Prospective application- laws always take effect after they had been enacted and
published

• Ex post facto law- is a penal law that is given retroactive application to the prejudice
of an accused. It makes an action done before the passing of the law and which was
innocent when done, criminal and punishes such action.

• Retroactive application – the law is being applied to facts or actions which existed
prior to the enactment of the said law

A law is ex post facto if:

1. It makes an act or omission as a crime when it was not so when committed.

2. It imposes a penalty higher than when it was committed or aggravates a crime or

makes it greater than when it was committed.

3. It requires a lesser degree or quantum of evidence to prove the guilt of the accused
than when it was committed or receives less or different testimony than the law
required at the time of the commission of the offense in order to convict the accused.

4. It deprives an accused of some lawful protection to which he has become entitled .

Exemption to Prospective

Penal laws have a retroactive effect insofar as they favour the person guilty of a
felony who is not a habitual criminal as the term is defined in Rule 5 of Article 62 of
this Code, Although at the time of the publication of such law a final sentence has
been pronounced and that the victim has been serving the same.

Who is a habitual delinquent?

A person shall be deemed to be habitual delinquent, if within a period of ten years

from the date of his release or last conviction of the crimes of robbery, estafa, or
falsification, he is found guilty of any of said crimes, a third time or oftener.

Example: A law was past lowering a penalty imposable for homicide from reclusion temporal
to prision mayor. Prior to the passage of the said law, X has been convicted by final
judgement for homicide.

Criminal justice is the delivery of justice to those who have been accused of committing
crimes.
 • Justice is the quality of being just or fair

• Crime – is an act or omission punishable by law

Theories of the criminal law

Classical Theory

Characteristics:

The basis of criminal liability is human free will and the rationale of the penalty is retribution.

Positivist theory

Characteristics:

That man is occasionally subservient to strange and morbid phenomenon which constrains
him to do wrong, even though contrary to his vacation.

The purpose of penalty is reformation of the accused. Offender is regarded as a sick person
who needs treatment.

Basic maxims in criminal law

A maxim is a principle or guiding rule.

Nullum 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 me invito factus non est meus actus- an act done by me against my will is not my act.

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.

Doctrine of Pro Reo- the law created the principle of in dubio pro reo which literally means in
“in case of doubt” then for the accused or in laymans term “innocent until proven guilty.
Branches of the government:

1. Legislative branch- consists of the senate and the house of the representatives.
- They have the power to create laws.
2. Executive branch- comprises the Cabinet and all executive departments, led by
the president.
The President is the Head of State and Head of Government
3. JUDICIAL BRANCH
Power to check and balance the constitutionality of the laws created.

Goals of the Criminal Justice System

1. Maintenance of peace and order.

2. Protection of the members of the society.
3. Crime prevention.
4. Review of the legality of preventive and suppressive measures.
5. Judicial determination of guilt or innocence of those apprehended.
6. Proper disposition of those who have been found guilty.
7. Rehabilitation and reformation of offenders

Pillars of the Criminal Justice System

1. Law Enforcement
2. Prosecution
3. Court
4. Correction
5. Community

Characteristics of the CJS as a SYSTEM

A system is one which consists of several parts that interacts with each other to produce
some results, serve some functions, or meet some objectives. Each part of the system are
expected to perform their responsibilities for the attainment of their common goals and
objectives.

a. System has identifiable components.

 b. Each system constitutes an identifiable whole
c. The system’s components are interdependent.
d. Each system operates within the environment.

Basis of the Criminal Justice System

It is based on the enacted criminal law.

CRIMINAL LAW

Criminal law is a branch of public law which defines crimes, treats of their nature and
provides for their punishment.

CRIMINAL MAIN CHARACTER Or VITAL LINK OF THE CRIMINAL JUSTICE SYSTEM

a person may be considered a criminal only upon undergoing the judicial process and upon
determination by the court that he or she is guilty beyond reasonable doubt.