Criminal Law Basics
Crime Classification, Penalties (RPC), Stages of Crime & Court Procedures
In This Lesson
Definition of Crime
A crime is an act committed or omitted in violation of a public law forbidding or commanding it.
Elements of Crime
- 1. There must be an act or omission - Actus reus (guilty act)
- 2. The act or omission must be punishable by law - Nullum crimen sine lege
- 3. The act is performed or omission incurred by means of dolo (deceit) or culpa (fault)
Dolo (Intentional)
- * Freedom
- * Intelligence
- * Intent
Culpa (Negligence)
- * Freedom
- * Intelligence
- * Negligence/Imprudence
Classification of Crimes
By Severity (Penalty)
| Classification | Penalty Range | Examples |
|---|---|---|
| Grave Felonies | Capital punishment or afflictive penalties (6 years and 1 day to reclusion perpetua) | Murder, Rape, Kidnapping, Robbery with violence |
| Less Grave Felonies | Correctional penalties (1 month and 1 day to 6 years) | Homicide, Serious physical injuries, Theft |
| Light Felonies | Arresto menor (1 day to 30 days) or fine | Slight physical injuries, Malicious mischief |
By Nature
- Mala in se - Wrong in itself (murder, theft)
- Mala prohibita - Wrong because prohibited by law (illegal possession)
By Mode of Prosecution
- Public crimes - Prosecuted by the state
- Private crimes - Requires complaint from offended party
Penalties under the Revised Penal Code
Principal Penalties
| Category | Penalty | Duration |
|---|---|---|
| Capital | Death (suspended) | - |
| Reclusion Perpetua | 20 years and 1 day to 40 years | |
| Afflictive | Reclusion Temporal | 12 years and 1 day to 20 years |
| Prision Mayor | 6 years and 1 day to 12 years | |
| Perpetual/Temporary Disqualification | Varies | |
| Correctional | Prision Correccional | 6 months and 1 day to 6 years |
| Arresto Mayor | 1 month and 1 day to 6 months | |
| Suspension | Varies | |
| Light | Arresto Menor | 1 day to 30 days |
Accessory Penalties
- Perpetual or temporary absolute disqualification
- Perpetual or temporary special disqualification
- Suspension from public office
- Civil interdiction
- Indemnification
- Forfeiture of proceeds/instruments of crime
- Payment of costs
Stages of Crime
1. Attempted
The offender commences the commission of the crime directly by overt acts but does not perform all acts of execution due to some cause other than his own spontaneous desistance.
Penalty: Two degrees lower than the consummated crime
2. Frustrated
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.
Penalty: One degree lower than the consummated crime
3. Consummated
All the elements necessary for its execution and accomplishment are present.
Penalty: Penalty prescribed by law for the specific offense
Important Note
Light felonies are punishable only when consummated, with the exception of those committed against persons or property.
Court Procedures
Filing of Complaint/Information
Complaint filed before prosecutor for preliminary investigation
Preliminary Investigation
Prosecutor determines if there's probable cause to charge
Filing in Court
Information filed before the proper court
Arraignment
Accused is informed of charges and enters plea (guilty/not guilty)
Pre-Trial
Stipulation of facts, marking of evidence, plea bargaining
Trial
Presentation of evidence by prosecution and defense
Judgment
Court renders decision - acquittal or conviction
Appeal (if any)
Party may appeal to higher court within reglementary period
Legal Terminology
Arraignment
Reading of charges; accused enters plea
Bail
Security for temporary release of accused
Corpus Delicti
Body of the crime; evidence that crime was committed
Habeas Corpus
Writ to release person from unlawful detention
Mittimus
Court order committing person to jail
Probation
Suspension of sentence; offender is released under supervision
Recidivism
Habitual offender; convicted of same offense twice or more
Subpoena
Court order to appear as witness or produce documents
Key Takeaways
- ✓Crimes are classified as Grave, Less Grave, or Light based on penalties
- ✓Dolo (intent) vs Culpa (negligence) - both can give rise to criminal liability
- ✓Three stages: Attempted (2 degrees lower), Frustrated (1 degree lower), Consummated
- ✓Reclusion Perpetua: 20 years and 1 day to 40 years
- ✓Court process: Complaint → Preliminary Investigation → Arraignment → Trial → Judgment