Class Notes Crim Law

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Class Notes

Criminal Law 1
September 1, 2023 criminal intent. Now the crime will
become serious physical injury.
- If the injuring was unintentional, no
*Pre-mid exam is on Sept. 15, online specific or general intent, then the
crime would be wreckless
(Exceptions to Territoriality)
imprudence resulting to serious
physical injury.
- In case of personal defense, will only
Transnational Crimes
come to play after the charges. He
- Crimes committed across can’t present his defense unless the
boarders ,phils laws still apply victim files a case.
provided victim is filipino, and or
According to Nature (Still Classification)
offender is filipino, and or when
crime is against the phil govt. (1) Mala in se
- *jus cogens is the highest source of - Inherently wrong or evil or immoral
international law. therefore is punished.
- Treaty is a prior consent to waive its - Good faith is a defense. Because the
jurisdiction (based on , that’s how action is evil, and if the intent is not,
ICC can have jurisdiction. But then he can be acquitted.
universal jurisdiction is based - Estafa is evil.
- *International law is not published - Even if it is punished not by RPC, but
in the official gazette because by special law.
Constitution already states that they - Pyramid scheme is a specie of
will form immediately as part of the Estafa.
law of land.
(2) Mala prohibitum
- Not inherently evil, but punished by
If the ship or vessel is still within phil. public interest, or a law punishes it.
Territory, than Territoriality principle - Therefore a person can still be a
shall apply. But if the same ship is criminal even tho he is not evil.
outside our territory, then - Good faith is not a defese. Even if he
Extraterritoriality will apply. is ignorant.
- Intent is separated from the nature
of the crime. Only based on if its
If foreign vessels, check English/French “wrong”or right by law.
Rule.
Military ships are extensions of the state
*Coverage for the Pre-mid is module 1 and
2

Crimes and their classification


Modes of Committing crimes

- If the intention was to kill, but victim (1) Dolo


did not die, it will be a attempted -
murder/homicide case. (2) Culpa
- Example, if the attempt is cut a - Culpa is a crime in itself.
person but not kill, but to prevent a - *a crime is an act or ommisision
person from stealing, then the case punishable by law.
will now be attempted or if not - 2 types of imprudence : Simple and
attempted, strictly mutilation. Wreckless (graver) imprudence.
- If now 2 parties are fighting and - There is no penalty for homicide
defending themselves, but the resulting from imprudence, wherein
victim still was cut, then that is intentional homicide is 20 years.
“general criminal intent”, no specific
- There is a penalty for simple and
wreckless imprudence, therefore
“imprudence” is the crime.
- PP v Pugay
o Pugay was charged
imprudence, Samson
charged which homicide?

Motive vs Intent
- Intent is the how was the crime
omittedd
- Motive is why and who committed
the crime.
Proximate cause
- Act that cause the crime by its
natural or logical consequence
uninterrupted by a third party actor.
- Niresult ang crime pero different
ang intention.
- This is not intent. A crime can be
committed even without intent.
- Contributory negligence – under civil
law, both parties will share the
penalty for damage. Can be subject
to apportioning depending on who is
more negligent. But in criminal law,
what will determine is the
pinakadulo or proximate cause of
the negligence will become the
criminally liable; no apportioning.
Mistake of Fact
- Must be there no dolo and culpa.
- Injury or damage,
- A person has an order to demolish a
property, same address same
everything. But if the order is the
one that is wrong, then that is
mistake of fact
- No criminal liability.
Impossible crime
- When the means used is inhabited
or ineffectual

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