Chapter 3

Study of criminal law

EVOLUTION OF CRIMINAL LAWS

A. Prehistoric Crime and Punishment

Primitive Tribes

• Punishment may be in the form of ostracism

(banishment)and expulsion.

• Adultery may be punished by the aggrieved husband

who may kill the adulterer and his own offending wife.

• Crime may be avenged by the victim himself or by the

victim’s family.
The Early Codes
 The Early Codes

In the prehistoric times, there were no written

laws to regulate human conduct. However,
men still found ways to avenge themselves
from harm and injury caused by another.
They designed their own system of justice of
justice according to what they believed was
right and fair based on their way of life
beliefs and the norms of their times.

However, as civilizations continued to develop,

so did their laws and justice system. It was
discovered that some ancient civilizations
already had written laws and a form of
criminal justice system during their time.
Some of which are the following:
1. Code of Hammurabi
• The Code of Hammurabi is believed to be
the earliest written code of punishment and
Hammurabi, the king of Babylon during the
eighteenth century BC, is recognized as
the First Codifier of Laws. It was believed
that it was during his reign that the code
was created, thus, it was renamed after
him. This code which carved in stone,
provided the first comprehensive view of
the laws during his time.

• The provisions of the Code were premised

on the law of talion or the principle of “an
eye for an eye” a tooth for a tooth”. Under
the principle of the lex talionis or law of
talion, tit for tat or the law of equal
retaliation, the punishment should be the
same as the harm inflicted on the victim.
Statue of Hammurabi
Ancient Babylon A partial view of the ruins of
Babylon from Saddam Hussein's
Summer Palace
2. The Hittites

• The hittites existed about two centuries after the reign of Hammurabi and
they eventually conquered babylon

• The law of the Hittites may also be characterized as brutal, just like the
Code of Hammurabi, because they used death as punishment for many
offenses.
3. Deuteronomy or the Mosaic Code

• Is the fifth book in the Bible and it

contains the basis of Jewish laws. It is
believed that it was made by Moses.

• These laws were in the form of a

covenant between God and the people
of Israel, given to Moses on the
mountains. They begin with the Ten
Commandments and go on to statutes
and ordinances that God commanded
Moses to teach people.

• Collectively, the first five books of the

Old Testament is what referred to as the
Law of Moses or the Mosaic Code, from
the name of Moses.

• The first five books contain the Ten

Commandments which are considered
the foundation of law systems
throughout much of the Western World.
3. The Code of Draco
• The Code of Draco is
considered to be first written
law of the Greek civilization.

• 621 BC, Draco appointed to

codify the laws

• This was codified by Draco, an

Athenian lawgiver who is
considered the first legislator of
Athens, in the seventh century
BC

• This code is known for having

severe penalties.
4. The Code of Solon
• Solon, also an Athenian, was
appointed archon and was
given legislative powers during
his time, he repealed almost all
the laws of the Code of Draco
and created laws that provided
just punishments.

• Solo had a great impact in the

history of law-making that now
the term “solon” is used to refer
to an member of Senate or
House of Representatives.
5. Rome’s Twelve Tables
• Roman law began with the
Twelve Tables which were
written in the middle of the sixth
century BC. It was written in
tables of bronze and it became
the foundation of all laws in
Rome.
The Laws of Islam
• The laws of Islam can be found in the Qur’an, the holy book of the
Muslim religion. It is believed that they were given by Allah to the prophet
Mohammed.
 CRIMINAL LAW

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

Revised Penal Code or Act No. 3815

Book that contains the Philippine Criminal Law and different special
laws and decrees which are penal in nature. It is called as RPC because
the old penal code which took effect in the country on July 14, 1887 and
was in force until Dec. 31, 1931 was revised by the Committee created by
Administrative Order No. 94 of the Department of Justice, dated Oct. 18,
1927, composed of Anacleto Diaz as Chairman, Alex Reyes and Mariano
de Joya as members.The RPC was approved on Dec. 8, 1930 and took
effect on January 1, 1932.
 Principal Parts of the RPC

It is composed of two books; book one which is composed of Articles 1-113 and
book two covering Articles 114-367.

a. Articles 1-20 – principles affecting criminal liability

b. Articles 21-113 – penalties including criminal and civil liability

c. Articles 114-367 – felonies

 Characteristics of the RPC
1. Generality
The law is applicable to all persons within the territory irrespective of
sex, race, nationality or civil status except:

• Head of state
• Foreign diplomats, ambassadors, who are duly accredited to our country
• Foreign troops permitted to march within the territory
 Characteristics of the RPC
2. Territoriality
the RPC is applicable to felonies committed within the Philippine
territorial jurisdiction.

a. Philippine Archipelago – All the islands that comprise the

Philippines .

b. Atmosphere Water – All bodies of water that connect all the islands
such as bays, rivers and streams.

c. Maritime Zone – The twelve (12) Nautical Mile limit beyond our shore
measured at low tide.
 EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE
REVISED PENAL CODE:

The Revised Penal Code shall be applicable to all cases

committed outside the Philippine territorial jurisdiction under the
following circumstances:

a. should commit an offense while on Philippine ship or airship;

b. should forge or counterfeit any coin or currency note of the Philippine

Island or obligations and securities issued by the government of the
Philippines;

c. while being a public officer or employee, should commit an offense in

the exercise of their functions’

d. should commit any of the crimes against national security and law of
nations
 Characteristics of the RPC
3. Prospectively
the provisions of the RPC cannot be applied if the act is not yet
punishable on the time the felony was committed. However, it may have a
retroactive effect if it is favorable to the accused who is not a habitual
delinquent.
 Characteristics of the RPC
4. It is specific and definite.
Criminal law must give a strict definition of a specific act which
constitutes an offense. Where there is doubt as to whether a definition
embodied in the Revised Penal Code applies to the accused or not, the
judge is obligated to decide the case in favor of the accused. Criminal
law must be construed liberally in favor of the accused and strictly
against the state.
 Characteristics of the RPC
5. It is uniform in application.
An act described as a crime is a crime no matter who committed it,
wherever committed in the Philippines and whenever committed. No
exceptions must be made as to the criminal liability. The definition of
crimes together with the corresponding punishment must be uniformly
construed, although there may be a difference in the enforcement of a
given specific provision of the penal law.
 Characteristics of the RPC
6. There must be a penal sanction or punishment.
Penal sanction is the most essential part of the definition of the
crime. If there is no penalty to a prohibited act, its enforcement will
almost be impossible. The penalty is acting as a deterrence and as a
measure of self-defense of the state to protect society from the threat
and wrong inflicted by the criminal.
end