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CRIMINOLOGY  The study of crime focused on the group of

people and society as a whole. It is primarily


 came from the Latin word “crimen” which
based on the examination of the
means “crime” and Greek word “Logos”
relationship of demographic and group
which means “to study”.
variables to crime. Variables such as socio-
 In 1885, Rafael Garofalo, an Italian Law
economic status, interpersonal
Professor coined the term “criminologia”.
relationships, age, race, gender, and cultural
 In 1889, Paul Topinard, French
groups of people are probed in relation to
Anthropologist, used the term criminology
the environmental factors that are most
in French “criminologie” for the first time.
conducive to criminal action, such as time,
EDWIN H. SUTHERLAND place, and circumstances surrounding the
crime.
 “Criminology is the entire body of
knowledge regarding crime as a social R.A. 6505 – “An Act Creating the Board of Examiners
phenomenon. It includes within its scope for Criminologists in the Philippines and for other
the process of making of laws, of breaking purposes.”
of laws and the society’s reaction towards
R.A. 11131 – “An Act Regulating the Practice of
the breaking of laws.”
Criminology Profession in the Philippines, and
Other definitions: Appropriating Funds therefor, repealing for the
purpose of R.A. 6506 otherwise known as “An Act
 A body of knowledge regarding crimes, Creating the Board of Examiners for Criminologists
criminals and the efforts of society to in the Philippines”.
prevent and repress them.
 A scientific study of the causes of crime in R.A. 10912 – “An Act Mandating and Strengthening
relation to man and society who sets and the Continuing Professional Development Program
define rules and regulations for himself and for All Regulated Professions, Creating Continuing
others to govern. Professional Development Council, and
 It explores the etiology (origin), extent, and Appropriating Funds Therefor, and for Other Related
nature of crime in society. Purposes” Also known as “Continuing Professional
 Is an interdisciplinary science that gathers Development Act of 2016”
and analyzes data on various aspects of
criminal, delinquent, and general anti-social
behavior.

(R.A. 11131) THE PRINCIPAL DIVISIONS OF CRIMINOLOGY

 It also refers to the scientific study of 1. Etiology of Crimes (Criminal Etiology) - the
crimes, criminals, and victims. It also deals scientific study of the causes of crimes and criminal
with the prevention and solutions of crime. behavior. This deals with the determination of
different origins, causes and factors that may bring
SOCIOLOGY
crime and criminal behavior.
 Mother discipline of Criminology. It is the
 Etiology - means origin, root cause
study of human society, its origin, structure,
functions and direction. 2. Penology (Penal Science) - the study of the
control of delinquencies and crime and the
SOCIOLOGICAL CRIMINOLOGY
rehabilitation of lawbreakers. This also refers to the science. Accordingly, general proposition of
process of crime prevention through the infliction of universal validity is the essence of science
fear of punishment.

 Note: Penology came from two (2) Latin NATURE OF CRIMINOLOGY (SAND)
words, “Poena” (pain) and “Poenalis”
1. It is a social science because it studies crime as a
(punishment) which means pain or suffering
social phenomenon. Crime is a social problem which
and punishment, respectively
has a great impact on society.
3. Sociology of Law - refers to the examination of
2. It is applied science because criminology as a
the nature of criminal law and its administration.
body of knowledge has already established
Also deals with the different laws and its function to
universally accepted principles and concepts and
a society.
these are used by other fields of study.
 Additionally: Some other authors suggest (INSTRUMENTATION)
that CRIMINALISTICS is another branch of
3. It is nationalistic because the study of
division or branch of criminology.
criminology takes into consideration the history, the
CRIMINALISTICS - the sum total application of entire culture and the social norms and the laws of the
science in crime detection. That profession and country. Each country has its own set of laws and
scientific discipline directed to the recognition, crimes are defined by the laws of the country.
identification, individualization, and evaluation of
4. It is dynamic because the concepts of criminology
physical evidence by application of the physical and
and their applications adapt to the changing time.
natural sciences to law sciences matters

CRIMINALIST - An individual who is trained in


science of application of instruments and methods SCOPE IN THE STUDY OF CRIMINOLOGY
to the detection of crime.
1. Study of the origin and development of criminal
law

2. Study of the causes of crimes and development


of criminals
IS CRIMINOLOGY A SCIENCE?
3. Study of the other sciences that examine criminal
Conferring to George Wilker, criminology cannot
behavior using scientific methods such as:
turn into a science since it has NOT YET ACHIEVED
UNIVERSAL OR WORLDWIDEVALIDITY. a. Criminal Demography - the study of the
relationship between criminality and population.
1. Edwin H. Sutherland, the Dean of Modern
There is a hypothesis that as the population
Criminology, hoped that it will become a
increases, the number of crimes may also increase.
science in the future since the causes of
crimes are almost the same which may be b. Criminal Epidemiology - the study of the
biological, environmental or combination of correlation between environment or “milieu” and
the two. criminality. This is in connection with the notion that
2. George L. Wilker, A criminologist who in his the more disorganized an environment we have, the
manuscript “The Scientific Adequacy of more crime it may occur.
Criminological Concept” argued that
criminology cannot possibly become a
c. Criminal Ecology - the study of criminality 1. The Young – the weak by virtue of age and
in relation to the spatial distribution in a immaturity
community. This particular science blames the rapid
2. The Female – often less physically powerful and
increase on community or societal congestion in
easily dominated by males
terms of the number of houses that causes
lessening of spaces that probably can be a source of 3. The Old – the incapable of physical defense and
criminality. the common object of confidence scheme
d. Criminal Physical anthropology - the 4. The Mentally Defective – those that are unable
study of criminality in relation to the physical to think clearly
structure of men. Later on, this course, we will
discuss somatology, physiognomy, phrenology etc. 5. The Immigrant – those that are unsure of the
that mainly view crime as a product of physical or rules of conduct in the surrounding society
biological defects and disfigurements. 6.The Minorities – racial prejudice may lead to
e. Criminal Psychology - the study of human victimization or unequal treatment by the agency of
behavior in relation to criminality justice.

f. Criminal Psychiatry - the study of human


mind in relation to criminality PSYCHOLOGICAL TYPES OF VICTIMS
g. Criminal Politics - a science consisting of 1. The Depressed – submissive person by virtue of
principles with which the Government organizes its emotional condition
fight against criminality. The bases are knowledge of
criminal law, of criminality, penalties and other 2. The Acquisitive or Greedy – person who wants
measures of social defense. more than what is sufficient makes a natural victim
of crime

3. The Wanton or Overly Sensual – person ruled by


VICTIMOLOGY - is the study about victims of crime. passion and thoughtlessly seeking pleasure
It came from Latin word “victima” which means
“fear”. 4. The Lonesome – person who eventually becomes
a victim by virtue of wanting companionship or
 It is the branch of criminology that deals affection
purely on the underlying factors of
victimization and the contributory role of 5. The Heartbroken – one who is emotionally
the victims in the commission of crimes. disturbed by virtue of heartaches and pains
 Victimology, being the study of “crime 6. The Tormented – a victim who asked for it, often
targets”, showed that a person becomes a from his own family or friends
victim of crime consciously(knowingly) and
unconsciously (unknowingly).
BENJAMIN MENDELSON
TYPOLOGY OF CRIMINAL VICTIMS
 Father of Victimology.
GENERAL CLASSES OF VICTIMS (Based on the  His major contributions are arguably the
classification of HANS VON HENTIG, a European term “general victimology” and a sociology
lawyer) of crimes.
 He is generally credited as the initiator of 2. “Disaster Victim’s Model” this model was
the word VICTIMOLOGY as well as the developed to explain the coping behavior of victims
concept of PENAL COUPLE. of natural disaster.

PENAL COUPLE is a term that describes the a. Pre-impact – stage describe the victim’s
relationship between the victim and criminal. condition prior to being victimized.

 He also coined the term VICTIMAL to b. Impact – the stage at which victimization
describe the victim counterpart of the occur.
criminal and the word VICTIMITY which
c. post-impact – stage which entails the
signifies the opposite of criminality.
degree and duration of personal and social
 Another class of victim is the ‘LOSER’ or one
disorganization following victimization.
who is initially the attacker but later, the
situation is reversed. An example could be d. Behavioral outcome – stage that
the case of a mugger or a bully who ends up describes the victim’s adjustment to the
injured or a swindler becomes swindled. victimization experience.

DYNAMIC OF VICTIMIZATION
VICTIMOLOGY & DAMAGES
1. “Victims of Crime Model” (by Bard and
“If there is a complainant, there must be a
Sangrey) defendant.” Thus, there could never be a victim if
a. Stage of Impact & Disorganization – there is no offender, except in what is known as
victimless crimes. The only thing that does away
stage during and immediately following the
with criminality is decriminalization. This is
criminal event otherwise known as LOGOMACY.
b. Stage of Recoil – stage during which the LOGOMACY is a statement that we have no crime if
victim formulates psychological defenses we had no criminal law, and that we could eliminate
all crime by abolishing all criminal laws.
and
deals with conflicting emotions of guilt,  Man has a juridical capacity and capacity to
act. He is normally entitled to the following
anger, acceptance, and desire of revenge civil damages.
(said to last 3 – 8 months)
1. Moral Damages – the compensation awarded to
c. Reorganization Stage – stage during a person’s physical suffering, mental anguish, fright,
which the victim puts his or her life back to serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation and similar
normal daily living. Some victims, however injury.
may not successfully adopt the victimization
2. Actual or Compensatory Damages – the
experience and a maladaptive compensation awarded to a person for such a
reorganization stage may last for many pecuniary loss suffered by him as he has duly
proved.
years.
3. Normal Damages – amount awarded to a victim 5. Crime is Progressive - the progressive upsurge in
in order that his right that had been violated or the volume of crime is on account of the ever-
invaded maybe restored or recognized. increasing population. The ever-increasing crime
rate and their techniques show the progress of the
4. Temperate Damages – moderate damages; the
society for advancement.
compensation that is more than nominal but less
than compensatory damages given to a person
when the court finds that he has suffered some
pecuniary loss, but its amount cannot, from the
nature of the case, be proved with certainty.

5. Liquidated Damages – damages that agreed upon SCHOOLS OF THOUGHT IN CRIMINOLOGY


by the parties to a contract to be paid in case of
BREACH OF CONTRACT. SCHOOLS OF THOUGHT – refers to a group of beliefs
or ideas that supports a specific theory.
6. Exemplary Damages – corrective damages; those
that imposed by way of example or correction for 3 Main Schools of Thought
the public good, in addition to the moral, 1. Classical School
temperate, liquidated or compensatory damages.
2. Neo – Classical School

3. Positivist School
WHY MUST MEMBERS OF SOCIETY BE INTERESTED
IN CRIME? THEORY – set of statements devised to explain
behavior, events or phenomenon, especially one
1. Crime is Pervasive - nearly all participants of a that has been repeatedly tested and widely
free society are once upon a time a victim of an accepted.
offender of a criminal act. Criminal as an associate
of society affects almost all people regardless of
age, sex, race, nationality, religion, financial THREE TYPES OF EXPLANATIONS TO THE EXISTENCE
condition, education and other personal OF CRIMINAL BEHAVIOR (S-E-M-I)
circumstances.
1. SINGLE/UNITARY THEORY – contends that crime
2. Crime is Expensive - the government and private is produced by one factor. It may be biological,
sector use an enormous amount of currency for sociological, or psychological.
crime detection, prosecution correction and
prevention. 2. MULTIPLE FACTOR THEORY – views that crime is
not a product of a single cause or factor but a
3. Crime is Destructive - many lives have been combination of several factors.
vanished because of crimes like murder, homicide
and other violent deaths. Properties have been lost 3. ECLECTIC THEORY – that crime stemmed by one
or devastated on account of robbery, theft and or more factors while in other instances. It is caused
arson. by another set of factors.

4. Crime is Reflective - crime rate or incidence in a 4. INTEGRATED THEORY – a theory that combines
given locality is reflecting the efficiency of the social two or more theories to generate a single model of
defenses employed by the people primarily that of framework.
the police system.
THE TYPES OF CRIMINALS ACCORDING TO 1. Felony - an act or omission punishable by law
GAROFALO ARE: which is committed by means of dolo (deceit) or
culpa (fault) and punishable under the Revised
A. Murderer – Murderer refers to a criminal who
Penal Code (RPC)
kills another person and is satisfied from
vengeance/revenge. This type of criminal totally 2. Offense - an act or omission in violation of a
lacks both pity and probity and will kill whenever Special Penal Law (SPL)
opportunity arises
3. Infraction - an act or omission in violation of a
B. Violent criminal – Violent criminal lacks pity and city or Municipal ordinance (C/MO)
can be influenced by environmental factors such as
the consumption of alcohol or the fact that
criminality is endemic to criminal’s particular OTHER CLASSIFICATION OF CRIMES
population.
1. As to the MANNER in which crimes are
C. Deficient criminal – Deficient criminal refers to a committed:
person who commits crime against property like
thieves and robbers. a. INTENTIONAL FELONIES:

D. Lascivious criminal – Lascivious criminal refers to - felonies committed by means of dolo (deceit)
a person who commits crime against chastity like - the act or omission is performed with deliberate
acts of lasciviousness, seduction, adultery, and the intent or malice
like
 Freedom or voluntariness - when the
person acted on his own accord, without
CRIMES AND CRIMINALS irresistible force and/or uncontrollable fear
 Intelligence - when the person who
CRIME – refers to an act committed or omitted in committed the crime has the ability to
violation of public law (Phil. Law Dictionary). determine what is right from what is wrong
and to realize the consequences of one’s act
It also refers to an act committed or omitted in
 Intent - when the person knowingly and
violation of a public law forbidding or commanding
purposely committed the crime to affect the
it (Reyes 2006).
desired result
MISDEMEANOR – refers to a minor or petty crime.
“M’NAGHTEN RULE” (pronounced, and sometimes
spelled, McNaughton)

 stated that a defendant is not guilty of a


crime if, at the time of the act, mental
TYPOLOGY OF CRIME
illness permits the actor from:
CRIME TYPOLOGY - involve classifying offenses or
1. knowing what he or she was going; or
offenders according to some criteria of relatedness
or similarity. 2. knowing that the act was wrong.

 The rule was formulated as a reaction to the


acquittal in 1843 of Daniel M'Naghten on
LEGAL /SUB-CLASSIFICATION OF CRIMES: (according
the charge of murdering Edward
to the LAW VIOLATED)
Drummond. M'Naghten had shot
Drummond after mistakenly identifying him B. COMPLEX CRIME - single act constituting two or
as UK Prime Minister Robert Peel, who was more grave felonies or an act is a necessary means
the intended target. for committing the other (ex. Robbery with
Homicide, Robbery with Rape).
b. CULPABLE FELONIES:
Two (2) Kinds of Complex Crime:
- felonies committed by means of culpa (fault) the
act or omission of the offender is not malicious and 1. Compound crime (delito compuesto)
the injury caused by the offender is unintentional, it
 also known as Special Complex
being simply the incident of another act performed
Crime
without malice
 one where a single act produces
 Imprudence – deficiency in action; failure to two or more crimes
take the necessary precaution to prevent
COMPOUND CRIME – single act constitutes two or
the danger due to carelessness
more grave or less grave felonies
 Negligence – deficiency in perception;
failure to foresee the danger Requisites:
 Lack of foresight - when the crime resulted
due to the person’s inability to predict the That the single act produces
obvious possible outcome of his actions 1. Two or more grave felonies
 Lack of skill - when the crime resulted 2. One or more grave and one or more less
because the person does not have the grave felonies
necessary skill to perform the action safely. 3. Two or more less grave felonies
2. as to the STAGES in the commission of crimes:  It only applies to felonies and not special
penal laws
A. CONSUMMATED CRIME - when all the elements
necessary for its execution and accomplishment are A wanted to kill B so he bought a gun and looked for
present. B. When he saw B walking, he aimed his gun at him
and pull the trigger. Because of poor aim, A failed to
B. FRUSTRATED CRIME - when the offender has hit B and instead hit C. C became blind because of
performed all the acts of execution which will the injury.
produce the felony as a consequence but which
nevertheless do not produce it, by reason of causes Answer: COMPLEX CRIME OF ATTEMPTED
independent of the will of the perpetrator. HOMICIDE AND SERIOUS PHYSICAL INJURY

C. ATTEMPTED CRIME - when the offender NOTE: The penalty for the MOST SERIOUS CRIME
commences the commission of a crime directly by must be imposed, the same to be applied in its
overt acts and does not perform all the acts of maximum period
execution which should produce the felony by REMEMBER: It should not be light felonies;
reason of some cause or accident other than his otherwise, it will be filed separately
own spontaneous desistance.
2. Complex crime proper (delito
3. according to PLURALITY: complejo)
A. SIMPLE CRIME - single act constituting only one  at least two offenses are
offense. committed, not limited to grave or
less grave felony, which the first
offense is necessary to commit the penalties.
other offense.
B. LESS GRAVE FELONIES - those to which the law
COMPLEX CRIME PROPER – when an offense is a attaches correctional penalties.
necessary means for committing an offense
C. LIGHT FELONIES - those to which the law attaches
Requisites: the penalty of arresto menor or a fine notexceeding
P200.00.
1. That at least two offenses are
committed REPUBLIC ACT NO. 10951
2. That one or some of the offense must
Note: SEC. 2. Article 26 of the same Act is hereby
be necessary to commit the other
amended to read as follows:
3. That both or all the offenses must be
punishable under the same statute "ART. 26. Fine. - When afflictive, correctional, or
 It must be necessary but not indispensable. light penalty. A fine, whether imposed as a single or
Crime was committed to facilitate the as an alternative penalty, shall be considered an
commission of another crime afflictive penalty, if it exceeds One million two
hundred thousand pesos (P1, 200, 000); a
Maria was abducted by Pedro and was carried away
correctional penalty, if it does not exceed One
by force to a seclude place. Upon arriving at the
million two hundred thousand pesos (P1, 200, 000)
place, Pedro raped Maria
but is not less than Forty thousand pesos (P40, 000);
Answer: COMPLEX CRIME OF RAPE THROUGH and a light penalty, if be less than Forty thousand
ABDUCTION pesos (P40, 000)."

Note: He can still rape Maria even without 5. According to the NATURE OF THE ACT:
abduction but it is made easier by the commission
A. CRIMES MALA IN SE - are acts that are inherently
of another offense.
evil. Examples are murder, robbery, etc.
Maria gave Php 20,000 to pay the BIR the capital
B. CRIMES MALA PROHIBITA - are acts which are
gains tax. Instead of paying, Pedro forged a BIR
prohibited only because there are laws forbidding
receipt to make it appear that he paid when in fact,
such acts. Examples are Illegal Possession of
he pocketed it.
firearms, Traffic Violations, etc.
Answer: COMPLEX CRIME OF ESTAFA THROUGH
 In concept:
FALSIFICATION
- Crimes mala in se are those where the acts
SPECIAL COMPLEX CRIME – the law itself provides or omissions penalized are inherently bad,
for its punishment evil or wrong that they are almost
universally condemned.
- are component crimes constituting a single
- Crimes mala prohibita are those where the
indivisible freehand are penalized under
acts penalized are not inherently bad, evil or
one article of the RPC. For example, article
wrong but prohibited by law for public
294 provides for robbery with homicide as a
good, public welfare or interest and
single offense
whoever violates the prohibition are
4. According to GRAVITY: penalized

A. GRAVE FELONIES - those to which the law  In legal implications:


attaches the capital punishment or afflictive
- In crimes mala in se, good faith or lack of B. SITUATIONAL CRIMES - are crimes committed
criminal intent/negligence is a defense when the situation is conducive to the commission
- Crimes mala prohibita, good faith or lack of of the crime and there is an opportunity to commit
criminal intent or malice is not a defense; it it. Examples are pickpocketing, theft, etc.
is enough that the prohibition was
3. According to the LENGTH OF TIME of the
voluntarily violated.
commission:
 Also, criminal liability is generally
incurred in crimes mala in se even A. INSTANT CRIMES - are those crimes that can be
when the crime is only attempted committed in a very short time. Example: theft
or frustrated
 While in crimes mala prohibita, B. EPISODIC CRIMES - are crimes committed
criminal liability is generally through a series of acts or episodes and in much
incurred only when the crime is longer time. Example: serious illegal detention
consummated. 4. According to PLACE OR LOCATION:
 Also, in crimes mala in se, mitigating
and aggravating circumstances are A. STATIC CRIMES - are committed only in one place.
appreciated in imposing the Examples are theft and robbery
penalties B. CONTINUING CRIMES - are crimes that take place
 While in crimes mala prohibita, such in more than one place or several places. Examples:
circumstances are not appreciated
unless the special law has adopted abduction, kidnapping, etc.
the scheme or scale of penalties
5. According to the use of MENTAL FACULTIES:
under the Revised Penal Code
 A. RATIONAL CRIMES - when the offender is capable
of knowing what he is doing and understanding the
CRIMINOLOGICAL CLASSIFICATION OF CRIMES:
consequences of his actions.
1. According to the RESULT of the crime:
B. IRRATIONAL CRIMES - when the offender suffers
A. ACQUISITIVE CRIME - if the offender acquired or from any form of mental disorders, insanity or
gained something by committing the crime. abnormality. Thus, the offender doesn’t know what
Examples are robbery, estafa, bribery, etc. he is doing.

B. DESTRUCTIVE CRIME - if the crime resulted in 6. According to the TYPE OF OFFENDER:


destruction, damage or even death. Examples are
A. WHITE COLLAR CRIMES - crimes committed by
arson, murder and homicide, damage to property,
those persons belonging to the upper socio-
etc.
economic status or in the course of their
occupational activities.

2. According to the TIME OR PERIOD of commission: B. BLUE COLLAR CRIMES - are those crimes
committed by ordinary criminals as a means of
A. SEASONAL CRIMES - are crimes that happen only livelihood.
during a particular season or period of the year.
Examples are violation of election law, tax law OTHER TYPES OF CRIMES
violations, etc.
1. CLEARED CRIMES - two ways by which crimes are
closed:
a. when at least one person arrested, 10. MISSION HATE CRIMES - violent crimes
charged, and turned over to the court for committed by disturbed individuals who see it as
prosecution; their duty to rid the world of evil.

b. by exception means, when some element 11. REACTIVE HATE CRIME - perpetrators believe
beyond police control precludes the physical they are taking a defensive stand against outsiders
arrest of an offender (e.g. when he/she who they believe threaten their community or way
leaves the country). of life.

2. CORPORATE CRIMES - white collar crime 12. RETALIATORY HATE CRIME - offense committed
involving a legal violation by a corporate entity such in response to a hate crime, real or perceived.
as price fixing, restraint of trade, or hazardous waste
13. STATUTORY CRIMES - crimes defined by
dumping.
legislative bodies in response to changing social
3. CRIME OF REDUCTION - crimes that are conditions, public opinion, and custom.
committed when the offended party experiences a
14. THRILL-SEEKING HATE CRIME - hate mongers
loss of some quality relative to her present standing
who join forces to have fun by bashing minorities or
such as when they become victims of robbery or
destroying property; inflicting pain on others gives a
theft, but they may also be victimized if their dignity
sadistic thrill.
is stripped from them when they are taunted by
racists.

4. CRIME OF REPRESSION - crimes that are CONSENSUS VS CONFLICT VS INTERACTIONIST


committed when members of a group are prevented MODEL
from achieving their fullest potential because of
racism, sexism, or some status bias. CONSENSUS view defines crime as acts that offend
shared societal values.
5. CYBERCRIME - the commission of criminal acts
using the instruments of modern technology such as CONFLICT view relates crime to power inequality.
computers or the internet INTERACTIONIST view views crime as a socially
6. ECONOMICAL CRIME - an act in violation of the constructed label.
criminal that is designed to bring financial gain to CRIMINAL
the offender.
In the legal sense, a criminal is any person who has
7. ENTERPRISE CRIME - the use of illegal tactics by a been found to have committed a wrongful act in the
business to make profits in the marketplace. course of the standard judicial process; there must
8. EXPRESSIVE CRIME - which is sometimes termed be a final verdict of his guilt.
affective aggression, involves violence that is not In the criminological sense, a person is already
directed at the acquisition of anything tangible or considered a criminal the moment he committed a
designed to accomplish anything specific other than crime
the violent outcome itself.
In the criminal justice sense, a criminal maybe
9. INCHOATE CRIME - incomplete or contemplated defined as one who has undergone the process and
crimes such as criminal solicitation or criminal went through all the pillars of the Criminal Justice
attempts. System.

CLASSIFICATIONS OF CRIMINALS
1. According to ETIOLOGY: B. PASSIVE INADEQUATE CRIMINALS - are those
who commit crimes because they are pushed to it
A. ACUTE CRIMINAL - is a person who committed
by reward or promise.
crime as a result of reacting to a situation or during
a moment of anger or burst of feeling. C. SOCIALIZED DELINQUENTS - are criminals who
are normal in behavior but defective in their
B. CHRONIC CRIMINAL - is one who committed a
socialization process or development.
crime with intent or deliberate thinking.

C. NEUROTIC CRIMINAL - is one who has a mental


disorder.

D. NORMAL CRIMINAL - a person who commits


crimes because he looks up to, idolizes people who
are criminals

2. According to the TYPE OF OFFENDER:


TYPES OF VIOLENT CRIMINALS
A. ORDINARY CRIMINAL - a criminal who engages in
crimes which do not require specialized or technical A. CULTURALLY VIOLENT OFFENDERS - Individuals
skill who live in subcultures in which violence is an
acceptable problem-solving mechanism. This is
B. ORGANIZED CRIMINAL - is one who possesses
prevalent among lower income minorities from
some skills and know-how which enable him to
slum environments of large central cities.
commit crimes and evade detection.
B. CRIMINALLY VIOLENT OFFENDERS - Offenders
C. PROFESSIONAL CRIMINAL - a highly skilled
use violence as a means of accomplishing criminal
criminal which are engaged in large scale criminal
acts, such as in robbery.
activities and usually operate in groups.
C. PATHOLOGICALLY VIOLENT OFFENDERS - Mental
3. According to CRIMINAL ACTIVITIES:
illness or brain damage characterizes the
A. PROFESSIONAL CRIMINAL - a criminal who earns pathologically violent offenders.
his living through criminal activities.
D. SITUATIONALLY VIOLENT OFFENDERS - Offenders
B. SITUATIONAL CRIMINAL - a person who got commit acts of violence on rare occasions, often
involved in a criminal act because the situation under provocation. These incidents are often
presented itself. described as crimes of passion in which the
individual temporarily loses control and often
C. HABITUAL CRIMINAL - one who repeatedly
expresses regret for the action later.
commits criminal acts for different reasons.
MASS MURDER AND SERIAL KILLING
D. ACCIDENTAL CRIMINAL - a person who
accidentally violated the law due to some  Serial killer operates over a long period and
circumstances. can be distinguished from mass murderers
 Mass murderers kill many victims in a single
4. Based on MENTAL ATTITUDES:
violent outburst.
A. ACTIVE CRIMINALS - are those who commit
SPREE KILLER - is someone who embarks on a
crimes due to aggressiveness.
murderous assault on 2 or more victims in a short
time in multiple locations.
SPREE KILLING - killings at two or more locations out; cult killers may actually leave a message behind
with almost no time break between murders. to warn society about impending doom

SPREE MURDER - two or more murders committed


by offender/offenders without a cooling off period.
RAPE AS A VIOLENT CRIME
SERIAL MURDER - two or more murders committed
RAPE is derived from the Latin “Rapere” or to take
by an offender(s) with a cooling off period.
by force, often perceived primarily as a sexually-
MASS MURDER - are defined by one incident with motivated act, however upon the enactment of RA
no distinctive time period between the murders 8353, otherwise known as the Anti Rape Law of
1997 amending the Revised Penal Code, RAPE is
identified primarily a violent act in which sexual
relations are merely a means of expressing violence,
aggression and domination.

Consequently, it is divided into two acts;


TYPES OF SERIAL KILLERS
a. rape by sexual intercourse; and
(according to Jack Levin and James Allan Fox):
b. rape through sexual assault, which could be
A. THRILL KILLERS - These killers strive for either committed by a male and female.
sexual sadism or dominance. This is the most
common form of serial murderer. TYPES OF RAPE

B. MISSION KILLERS - These killers want to reform 1) ANGER RAPE - Sexual attack becomes a
the world or have a vision that drives them to kill. means of expressing rage or anger and
involves far more physical assault upon the
C. EXPEDIENCE KILLERS - Killers who kill out for victim than is necessary.
profit or want to protect themselves from a 2) POWER RAPE - Assailant primarily wishes
perceived threat to express his domination over the victim.
TYPES OF MASS MURDERER Since rape is an expression of power rather
than the means of sexual gratification, the
(according to Jack Levin and James Allan Fox): rapist generally uses only the amount of
A. REVENGE KILLERS - These killers seek to get even force necessary to exert his super-ordinary
with individuals or society at large position.
3) SADISTIC RAPE - Perpetrator combines the
B. LOVE KILLERS - Motivated by warped sense of sexuality and aggression aims in psychotic
devotion. They are often despondent people who desires to often torment, torture, or
commit suicide and take others, such as a wife and otherwise abuse his victim.
children with them. 4) ACQUAINTANCE RAPE - forcible sex in
which offender and the victim are
C. PROFIT KILLERS - Usually trying to cover-up a
acquainted with one another
crime, eliminate witnesses, and carry out a criminal
5) AGGRAVATED RAPE - rape involving
conspiracy.
multiple offenders, weapons and victim
D. TERRORIST KILLERS - Killers who are trying to injuries.
send a message. Gang killings tell rivals to watch 6) DATE RAPE - forcible sex during the
courting relationship.
7) SERIAL RAPE - multiple rapes committed by Awkward in relating to the opposite sex,
one person over time. they hold high expectations that their
8) STATUTORY RAPE - sexual relations crude advances will be met with affection
between an underage minor females and by their victims.
an adult male. 2) MEANING STRETCHERS - An offender
misinterprets women's expressions of
NOTE: R.A. 11648
friendliness. And affection as indicating that
 An act providing for the stronger protection the female desires couitus even when she
against rape and sexual exploitation and says no.
abuse 3) SEX LOOTERS - Person who has a low desire
 Approved on March 4, 2022 for affection or low respect for the victim’s
 Increased the age of consent from 12 to 16 autonomy and callously uses woman as sex
years old - amended Act No. 3815, R.A. object.
8353, and R.A. 7610 4) GROUP CONFORMERS - Rapist participates
in a group rape or gang bang, often
When the offended party is under sixteen (16) years following the leader. A sex looter felt a
of age or is demented, even though none of the sense of conformity and notion
circumstances mentioned above be present: demonstrating their masculinity.
Provided, that there shall be no criminal HATE CRIMES – a crime or a form of violence
liability on the part of a person having carnal directed towards a specific race, gender, religion,
knowledge of another person under sixteen (16) ethnicity etc. often called Bias Crime.
years of age when the age difference between the
parties is not more than three (3) years, and the PUBLIC ORDER CRIMES - are acts considered illegal
sexual act in question is proven to be consensual, because they conflict with social policy, accepted
non-abusive, and non-exploitative: Provided, moral rules and public opinion. Examples of which
further, that if the victim is under thirteen (13) years are prostitution, gambling, pornography, obstruction
of age, this exception shall not apply. etc., these are known as “Victimless Crimes”

NON-ABUSIVE shall mean the absence of undue


influence, intimidation, fraudulent machinations,
PROSTITUTION (RPC Art. 202 – Vagrants and
coercion, threat, physical, sexual, psychological, or
Prostitutes)
mental injury or maltreatment, either with intention
or through neglect, during the conduct of sexual PROSTITUTION - can be defined as granting non-
activities with the child victim. marital sexual access, established by mutual
agreement of the prostitute, their client, and their
NON-EXPLOITATIVE shall mean there is no actual or
employer for remuneration.
attempted act or acts of unfairly taking advantage of
the child's position of vulnerability, differential PROSTITUTES - are referred to by sociologists as
power, or trust during the conduct of sexual “street level sex workers” whose activities are
activities." similar to any other service industry.

CATEGORIES OF RAPISTS  In the Philippines, prostitution is


punishable under Article 202 of the
1) NAIVE GRASPERS - Sexually inexperienced
Revised Penal Code, which defined
youths who possess an unrealistic
prostitution as an act committed by a
conception of female erotic arousal.
woman habitually indulge in sexual September 12, 2012; - amended and increased
intercourse or lascivious conduct for money penalty in relation to the preceding laws.
or profit.
CONKLIN’S TYPOLOGY OF ROBBERS
 As it now stands, Republic Act No. 101581
has effectively decriminalized vagrancy. 1. PROFESSIONAL ROBBERS → have a long-term
commitment to crime, their major source of
livelihood. They are very rational about crimes and
plan their operations carefully.

2. OPPORTUNIST ROBBERS → the most common


type of bandit. Having little commitment to, or
specialization in, robbery, they are all-purpose
property offenders. Their engagement in robbery is
all infrequent and relatively unplanned.

3. ADDICT ROBBERS → addicted to substances such


as heroin or other drugs and commit robbery to
support their expensive habits. Such offenders are
PORNOGRAPHY AND OBSCENITY (RPC Art. 200 – less likely to use weapons and therefore more likely
201) to use physical force as a means of intimidation.
PORNOGRAPHY - depicts imaginable explicit sex act 4. ALCOHOLIC ROBBERS → have little commitment
which aim to provide sexual titillation and to robbery; they engaged in unplanned robberies on
excitement for paying customers, while obscenity occasion in order to support their habits. Many
designed to incite to lust or depravity. claim to have been intoxicated at the time of
commission of the offense.
 These acts are punishable under Article 201
of the Revised Penal Code which was
subsequently amended by Presidential
Decree 960 and 969. INTRODUCTION TO THE STUDY OF CRIMINAL LAW

Recent legislation related to this crime are: CRIMINAL LAW or PENAL LAW - that branch of
public law which defines crimes, treats of their
R.A. No. 9775 - An Act Defining the Crime of Child nature and provides for their punishment
Pornography, Prescribing Penalties Therefore, and
for other Purposes, approved on November 17, REVISED PENAL CODE (Act No. 3815)
2009;  the book that contains the Philippine
R.A. No. 9995 - An Act Defining and Penalizing the criminal law
Crime of Photo and Video Voyeurism Prescribing  approved on Dec. 8, 1930 and took effect on
Penalties Therefore, approved on February 15, January 1, 1932. - based on the Spanish
2010; and Penal law
 adopted the Positivist approach of
R.A. No. 10175 - An Act Defining Cybercrime, determining criminal liability
providing for the Prevention, Investigation,  It is called as RPC because the old penal
Suppression and the Imposition of Penalties code which took effect in the country on
Therefor and for Other Purposes, approved on July 14, 1887, and was in force until
December 31, 1931 was revised by the
Committee created by Administrative Order 5. ALTERNATIVE - those, which are either
No. 94 of the Department of Justice, dated aggravating or mitigating according to the nature
Oct. 18, 1927, composed of Anacleto Diaz as and effects of the crime and other conditions
Chairman, Alex Reyes and Mariano de Joya attending its commission.
as members.
JUST DESERT - means "the punishment that one
deserves”, has five guidelines;

1. treat legal punishment as a desert;

Principal parts of the RPC: 2. avoid doing harm;

It is composed of two books; book one which is 3. Sentence delinquency, not the delinquent;
composed of Articles 1-113 and book two covering
4. interfere parsimoniously;
Articles 114-367.
ANDREW VON HIRSCH - he developed the notion of
A. ARTICLES 1-20 - principles affecting criminal
just desert.
liability;
CHARACTERISTICS OF CRIMINAL LAW
B. ARTICLES 21-113 - penalties including criminal
and civil liability 1. It is general in application/ GENERALITY:

The provisions of the criminal or penal law must be


applied equally to all persons within the territory
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
regardless of sex, race, nationality and other
1. JUSTIFYING - those wherein the acts of the actor personal circumstances, with the following
are in accordance with law, hence, he incurs no exceptions:
criminal liability.
a. heads of state or country
2. EXEMPTING - those wherein there is an absence
b. foreign diplomats and ambassadors
in the agent of the crime any of all the conditions
that would make an act voluntary and, hence,  AMBASSADORS, CHIEFS OF STATES AND
although there is no criminal liability, there is a civil OTHER DIPLOMATIC OFFICIALS are immune
liability from the application of penal laws when
they are in the country where they are
3. MITIGATING - those that have the effect of
assigned (People vs. Galacgac, CA., 54 O.G.
reducing the penalty because there is diminution of
1027). Acts performed should be in official
any of the elements of dolo or culpa, which makes
capacity and performance of his duty (G.R.
the act voluntary or because of the lesser perversity
No. 125865. January 28, 2000).
of the offender.
2. It is territorial in character/ TERRITORIALITY:
4. AGGRAVATING - those which serve to increase
the penalty without exceeding the maximum As part of the right of a state to self-preservation,
provided by law because of the greater perversity of each independent country has the right to
the offender as shown by the motivating power of promulgate laws enforceable within its territorial
the commission, the means employed or the jurisdiction, subject only to the limitations imposed
personal circumstances of the offender. by treaties of preferential applications and by the
operation of international law of nations.
The Revised Penal Code and the other special laws (2) the accused is not a habitual delinquent (Article
are applicable only to the areas within the 22 of RPC).
Philippine territorial jurisdiction, such as:
4. It is specific and definite.
a. Philippine archipelago – all the islands that
Criminal law must give a strict definition of a specific
comprise the Philippines
act which constitutes an offense. Where there is
b. atmosphere water – all bodies of water that doubt as to whether a definition embodied in the
connect all the islands such as bays, rivers and Revised Penal Code applies to the accused or not,
streams the judge is obligated to decide the case in favor of
the accused.
c. maritime zone – the three (3) mile limit beyond
our shore mea  Criminal law must be construed liberally in
favor of the accused and strictly against the
Exceptions to the territorial character of the revised
state
penal code:
5. It is uniform in application.
The Revised Penal Code shall be applicable to all
cases committed outside the Philippine territorial An act described as a crime is a crime no matter
jurisdiction under the following circumstances: who committed it, wherever committed in the
Philippines and whenever committed. No
a. should commit an offense while on a Philippine
exceptions must be made as to the criminal liability.
ship or airship;
The definition of crimes together with the
b. should forge or counterfeit any coin or currency corresponding punishment must be uniformly
note of the Philippine Island or obligations and construed, although there may be a difference in
securities issued by the government of the the enforcement of a given specific provision of the
Philippines; penal law.

c. should be liable for acts connected with the 6. There must be a penal sanction or punishment.
introduction into these islands of the obligations
PENAL SANCTION is the most essential part of the
and securities mentioned in the presiding number;
definition of the crime. If there is no penalty to a
d. while being a public officer or employee, should prohibited act, its enforcement will almost be
commit an offense in the exercise of their functions impossible.

e. should commit any of the crimes against national The penalty is acting as a deterrence and as a
security and law of nations measure of self-defense of the state to protect
society from the threat and wrongs inflicted by the
3. It is prospective or retrospective/PROSPECTIVITY: criminal.
The law is looking forward; No person may be
punished for his act when at the time he committed
the act, it is still not yet punishable by law. CRIME STATISTICS

Exception:  Refers to the measure of the level or


number of crimes.
(1) when new statute it is favorable to the accused  The collection or study of numerical data of
and crimes recorded/reported to the police.
 It uses the terms index crimes and non- V = --------------------------------------------------X 100
index crimes in classifying crimes.
Previous data
INDEX CRIMES are crimes which are sufficiently
4. CRIME ANALYSIS
significant and which occur with sufficient regularity
to be meaningful, such as murder, homicide, a. Percentage Share of Crime Volume of a Certain
physical injury, robbery, theft and rape. Area
NON-INDEX CRIMES are crimes that are not Formula:
classified as index crimes. Violations of special laws
and other crimes against moral and order. These Crime Volume of a certain area
crimes are generated from the result of positive ------------------------------------------------------ X 100
police-initiated operations.
Crime Volume Nationwide
STATISTICAL FORMULA:

1. CRIME SOLUTION EFFICIENCY (CSE) - percentage


of solved cases out of the total number of reported b. Percentage Share of the Occurrence of a Type of
crime incidents handled by the police for a given Crime
period of time. It is a general measure of a law Formula:
enforcement agency’s investigative capability or
efficiency. Total Number of Occurrences of a type of Crime

Formula: -------------------------------------------------------X 100

No. of Solved Cases Crime Volume Nationwide

CSE = ------------------------------------------ X100 Total

No. of Reported Cases REPUBLIC ACT NO. 11131 ENTITLED "THE


PHILIPPINE CRIMINOLOGY PROFESSION ACT OF
2. CRIME RATE - The number of incidents in a given 2018“
period of time for every 100, 000 inhabitants of an
area/place. ARTICLE I

Formula: TITLE, POLICY, OBJECTIVES, TERMS AND PRACTICE

Section 1. Title. - This Act shall be known as "The


Philippine Criminology Profession Act of 2018".
Crime Volume
Section 3. Objectives. - This Act shall govern:
CR = -------------------------------------------X 100,000
(a) The examination, registration and licensure for
Population criminologists;
3. VARIANCE (OR % CHANGE) - one way of analyzing (b) The supervision, control and regulation of the
crime trends. It measures the percentage change practice of criminology;
over a given period of time.
(c) The standardization and regulation of
Formula: criminology education;
Current data-Previous data
(d) The development of the professional (e) Criminology refers to the scientific study of
competence of criminologists through Continuing crimes, criminals, and victims, it also deals with the
Professional Development (CPD); and prevention, and solution of crimes;

(e) The integration of all criminology professional (f) Profession refers to the art and science in the
groups, and membership of all registered practice of criminology discipline; and,
criminologists
(g) Registered criminologist refers to a natural
to the accredited professional organization. person who holds a valid certificate of registration
and an
Section 4. Definition of Terms. - As used in this Act,
the following terms shall be defined as follows: updated professional identification card as
criminologist issued by the Board and the
a) APO refers to the Accredited Professional
Commission pursuant to this Act.
Organization of criminologists, that the Professional
Regulatory Board of Criminology created hereunder SECTION 5. Scope of Practice. — The practice of
and, hereinafter referred to as the Board, as the one criminology shall include, but shall not be limited to,
and only recognized and accredited integrated acts or activities performed:
national organization of criminologists, subject to
(a) In line with the practice of profession or
the approval of the Professional Regulation
occupation as a law enforcement administrator,
Commission (PRC) hereinafter referred to as the
executive, adviser, consultant, officer, investigator,
Commission created under Republic Act No. 8981,
agent or employee in any private or government
otherwise known as the "PRC Modernization Act of
agencies performing law enforcement and quasi
2000";
police functions at the Philippine National Police
(b) Board refers to the Professional Regulatory (PNP), the National Bureau of Investigation (NBI),
Board for Criminologists created hereunder; the Philippine Drug Enforcement Agency (PDEA), the
Bureau of Fire Protection (BFP), the Bureau of Jail
(c) CHED refers to the Commission on Higher
Management and Penology (BJMP), the Provincial
Education (CHED) created under Republic Act No.
Jail, the Bureau of Corrections (BUCOR), the
7722, otherwise known as "Higher Education Act of
Probation and Parole Administration (PPA), the
1994", in the formulation of policy standards, and
Bureau of Internal Revenue (BIR), the Bureau of
monitoring of the criminology education in the
Customs (BoC), the Bangko Sentral ng Pilipinas
country, which shall be assisted by the Criminology
(BSP), other government and private banks, the
Technical Panel composed of the:
Philippine Postal Corporation (PPC), the Sea and Air
president of the APO, Marshals, the VIP Security, Airport and Seaport
Police, the National Intelligence Coordinating
Chairperson of the Board of Criminology, Agency (NICA), the Intelligence Service of the Armed
one (1) from the academe, Forces of the Philippines (ISAFP), and agencies of
the government exercising similarly related
two (2) from the law enforcement agencies; functions in the field of national security, public
(d) Commission refers to Professional Regulation safety, and peace and order;
Commission (PRC) hereinafter referred to as the (b) In line with the practice of teaching profession
Commission created under Republic Act No. 8981, such as those performed by a professor, instructor
otherwise known as the "PRC Modernization Act of or teacher in any university, college or school duly
2000"; recognized by the government on any of the
following professional and component subjects of Philippines from a list of three (3) recommendees
the criminology program: (1) Criminal Jurisprudence for each position, chosen and ranked by the
and Procedure; (2) Criminalistics; (3) Law Commission from a list of three (3) nominees for
Enforcement Administration; (4) Crime Detection every position endorsed by the APO. The new Board
and Investigation; (5) Correctional Administration; shall be organized not later than six (6) months from
and (6) Criminal Sociology and Ethics, and other the effectivity of this Act.
technical and specialized subjects in the criminology
Section 7. Qualifications of the Chairperson and
curriculum provided by the CHED;
Members of the Board. The Chairperson and each
(c) As a technician, examiner/criminalist, or member shall, at the time of their appointment,
specialist in dactyloscopy, questioned document, possess all these qualifications:
deoxyribonucleic acid (DNA), lie detection, firearms
(a) Must be a natural-born Filipino citizen and a
identification, forensic photography, forensic
resident of the Philippines;
chemistry, other scientific crime detection and
investigation or forensic science; (b) Must be of good moral character, good
reputation and of sound mind and body;
(d) As a correctional administrator, executive,
supervisor, or officer in any rehabilitation, (c) Not convicted by a court of competent
correctional, and penal institution or facility, and in jurisdiction of any offense involving moral turpitude;
any community-based corrections, and
rehabilitation agencies and/or programs; (d) Must be a graduate of Bachelor of Science in
Criminology, and a holder of a Post-Graduate
(e) As a counselor, consultant, adviser or researcher Degree in Criminology or a lawyer in any reputable
in any government or private agency on any aspect school recognized by the CHED;
of criminological research or project involving the
causes of crime, children in conflict with the law, (e) Must be a registered criminologist with a valid
treatment and correction of persons deprived of certificate of registration and a valid professional
liberty (PDL), police operation, law enforcement identification card, having at least ten (10) years of
administration, scientific criminal investigation or practice in the profession prior to the appointment
public safety and national security administration; including no less than two (2) years teaching
and experience of criminology or law subjects in full-
time or part-time capacity in the college of
(f) As a private investigator, administrator, criminology or college of law recognized by the
consultant or agent, or detective in any private government through the CHED;
security and investigation agency organized under
the laws of the Philippines. (f) Must be a member in good standing of the APO
but not an officer or trustee thereof; and
ARTICLE II PROFESSIONAL REGULATORY BOARD
FOR CRIMINOLOGISTS (g) Must not be a member of the faculty of any
school, college or university where a regular class or
Section 6. Creation, and Composition of the review course in criminology is offered, nor a
Professional Regulatory Board for Criminologists. - member of the staff of reviewers in a review school
There is hereby created a Professional Regulatory or center, and must not have any direct or indirect
Board for Criminologists, a collegial body under the pecuniary interest in any such institution.
administrative supervision and control of the
Commission, to be composed of a Chairperson and ARTICLE III EXAMINATION, REGISTRATION,
four (4) members appointed by the President of the CERTIFICATION AND LICENSURE
Section 14. Qualifications of an Applicant for the below sixty percent (60%) in any of the subjects, the
Licensure result of the examinee shall be deferred, and be
required to retake that particular subject/s.
Examination. — An applicant for the licensure
examination for criminologist shall satisfactorily The deferred examinee shall only be allowed to
prove that one possesses the following retake once within two (2) years from the date of
qualifications: the examination, and shall be required to obtain a
grade not lower than eighty percent (80%) on the
A. Must be a citizen of the Republic of the
subject, to be considered to have passed the
Philippines or a foreign citizen whose country/state
licensure examination. If the examinee failed to
has reciprocity with the Philippines in the practice of
retake after the lapse of two (2) years or failed to
criminology;
get the passing mark of eighty percent (80%), the
B. Must be of good moral character, good reputation examinee shall retake all the board subjects.
and of sound mind and body certified by the school
Any examinee who failed three (3) or more board
where he/she graduated and the barangay where
subjects shall be deemed to have failed the board
he/she lives, unless the examinee is a foreign
examination.
national a certification from any professional
criminologist of good standing will do; Section 21. Refusal to Issue Certificate of
Registration and Professional Identification Card or
C. Must hold a bachelor degree in criminology duly
Temporary/Special Permit. - The Board shall not
accredited by the CHED and conferred by a
register any successful applicant for registration who
school/college/university duly authorized by the
has been:
government or its equivalent programs as approved
by the PRB obtained by either a Filipino or foreign (a) Convicted with finality of a crime involving moral
citizen from an institution of learning in a foreign turpitude by a court of competent jurisdiction;
country/state: Provided, that it is duly recognized
(b) Found guilty of immoral or dishonorable conduct
and/or accredited by the CHED;
by the Board;
D. Must not have been convicted of an offense
(c) Summarily adjudged guilty for violation of the
involving moral turpitude by a court of competent
General Instruction to Examinees by the Board; and
jurisdiction; and
(d) Declared of unsound mind by a court of
E. Those who failed five (5) times whether
competent jurisdiction. In refusing such registration,
consecutive or cumulative in the criminologist
the Board' shall give the applicant a written
licensure examination, must present a certification
statement setting forth the reasons thereof and
issued by a reputable institution duly recognized by
shall file a copy in its records.
the CHED that such applicant has satisfactorily
completed a refresher course in criminology Section 22. Revocation or Suspension of the
Certificate of Registration and Cancellation of
Section 17. Rating in the Licensure Examination. -
Temporary/Special Permit - The Board shall have
To pass the licensure examination for criminologist,
the power, upon notice and hearing, to revoke or
a candidate must obtain a weighted average rating
suspend the certificate of registration of a registered
of seventy-five percent (75%) with no grade less
criminologist or to cancel a temporary/special
than sixty percent (60%) in any given subject.
permit granted to foreign criminologist for the
In case the examinee obtains a weighted average commission of any of the following acts:
rating of seventy-five percent (75%) but, has a grade
(a) Violation of any provision of this Act, its IRR, the Section 35. Preference of Appointment in
Code of Ethics, the Code of Good Governance, or Government Criminal Justice and Other
policy of the Board and/or the Commission; Government Institutions.

(b) Conviction of a crime with finality involving Registered criminologists shall enjoy priority
moral turpitude; appointment and shall not be required to take any
qualifying or entrance examination in the PNP, the
(c) Perpetration or use of fraud in obtaining one's
NBI, the BJMP, BuCOR, the BFP, the Land
certificate of registration, professional identification
Transportation Office (LTO) and other government
card or temporary/special permit;
positions related to criminology, police and law
(d) Gross incompetence, negligence or ignorance enforcement work, investigation and security,
resulting to death or injury of a person, or damage corrections and public safety of the following
to property; bureaus, departments, institutions or agencies of
the government.
(e) Nonrenewal of the professional identification
card for a period of six (6) years with the PRC SECTION 36. Lateral Entry of Registered
without justifiable cause; Criminologists.

(f) Aiding or abetting the illegal practice of a non- Registered criminologists who are not in the
registered criminologist by allowing the use of one's government service shall be eligible and given
certificate of registration and/or professional preference for appointment via lateral entry as
identification card or temporary/special permit; Police, Fire, and Jail Inspectors or its equivalent in
the PDEA, NBI, and other law enforcement agencies:
(g) Illegally practicing the profession during the Provided, That they possess the general
suspension from the practice thereof; qualifications for appointment as provided in the
(h) Addiction to drugs or alcohol impairing one's existing laws on appointment of personnel in the
ability to practice the profession or a declaration by PNP, BJMP, BFP, PDEA, NBI and other agencies:
a court of competent jurisdiction that the registrant Provided, further, That those who are already in the
is of unsound mind; and police, fire, jail, and other government agencies
involved in national security, public safety, and
(i) Noncompliance with the CPD and APO criminal justice administration as noncommissioned
requirements, unless one is exempted therefrom, officers and who are already registered and licensed
for the renewal of the professional identification criminologists shall be given preference for lateral
card. The Board shall periodically evaluate the entry.
aforementioned grounds and revise or exclude or
add new ones as the need arises subject to approval SECTION 37. Penal Clause. — A fine of not less than
by the Commission One hundred thousand pesos (P100,000.00) nor
more than Five hundred thousand pesos
ARTICLE V PRIVILEGES OF REGISTERED (P500,000.00), or imprisonment for not less than
CRIMINOLOGISTS two (2) years and one (1) day or more than six (6)
SECTION 34. Privileges of Registered years, or both, at the discretion of the court shall be
Criminologists. — All registered criminologists shall imposed upon any person who shall commit any of
be exempt from taking any other entrance or the following acts:
qualifying government or civil service examination A. Practicing criminology as stated in Section 5 of RA
and shall be considered civil service eligible to the 11131 without valid COR and a valid PIC or a valid
following government positions. temporary/special permit;
B. Attempting to use the seal, COR and PIC of a
registered criminologist or temporary/special permit
issued to a foreign criminologist;

C. Abetting the illegal practice of criminology by an


unregistered or unauthorized person;

D. Securing through false information or fraudulent


means certificate of registration and professional
identification card or temporary/special permit;

E. Impersonating a registered criminologist or a


holder of a temporary/special permit; and

F. Violating any provision of RA No. 11131 or this IRR

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