Classification of Crimes

INTRODUCTION

Crimes receive different classification according to its severity and purpose. The

classification of crime influences both the substance and procedure of criminal charge,

so it’s important to understand the differences between the classifications.

The basis of these classifications is in accordance with the RPC of the

Philippines.

In addition, for statistical purposes and to create a standardized definition of crime

classification, crime is further divided into index and non-index crimes.

Index-crime- as defined by the Philippines National Police (PNP), involve crimes

against persons, such as murder, homicide, physical injury and rape and crimes against

property, such as robbery, theft, carnapping/ carjacking, cattle rustling.

Non-index Crimes-on the other hand, are violations of special laws, such as illegal;

logging or local ordinances.

CLASSIFICATION OF CRIMINALS AND CRIMINAL BEHAVIOR FORMULA

INTRODUCTION

Behind each crime is a criminal or several criminals. Criminals are those

persons who committed a crime and have been convicted by a court for the

violation of a criminal law.

Classification of Criminal According to Abrahamsen (1960).

 Acute Criminals

- Are not really criminals since they do not show persistent antisocial or
 criminal attitude and do not frequently violate the law.

- Criminal activities are usually not serious in nature.

 Situational Criminals

- Are characterized by the fact that a particular situation arises that elicits his

antisocial feelings and puts them into actions.

- They are that type of person whom it can be said “opportunity makes the

thief”.

Example-the hungry man who passes by a bakery shop and steals a loaf of

bread or the man without means who finds a lost wallet and does not return it,

even though he can the rightful owner.

 Associational Criminal

- Is influenced by his immediate environment, wherein external circumstances

may rise that mobilize his criminalistic tendencies.

- Those persons who get involved in a criminal act as a result of being

associated with people who have the same criminal patterns as them.

Example- A young man who was friendly with three boys who had criminal

records. One day, he went along them ‘just for ride” while they were going to

hold up store. After they had accomplished their purpose, his friends gave

him some of the stolen money. A police chase ensued and he was given a

gun. In the heat of the chase, the young man shot and wounded the police

man and they were all caught and arrested.

 Accidental Criminal

- Are people involved in criminal acts by chance or mistake.

 - Careless driving or the thoughtless throwing of a burning match may out an

otherwise law-abiding man in serious predicament.

 Neurotic Criminal

- Are group of people who carry out criminal acts as a result of obsessive-

compulsive affliction, such as kleptomania, pyromania, dipsomania,

nymphomania, homicidal maniac, and gambling.

(TONIGHT) Three Definite ways in which a person maybe led into Criminal

Activities (Abrahamsen,1960):

 When antisocial inclinations are exposed to criminal influences and further

stimulated by the impact of a precipitating event.

 When there is a strong unconscious desire for punishment, owing to

unconscious, deep-rooted guilt feelings, developed through past experience.

 As an indirect expression of aggressiveness, a person who feels emotional

attitude as a cover up. Expressing aggression through protest and rebellious may

lead him to commit antisocial or even criminal acts.

Thus in explaining the birth of criminal behavior, the three factors must be

considered: criminalistic tendencies (T), the total situation (S), and the person’s

mental and emotional resistance to temperature. (R).

The situation upon which this will be concentrated is the crime situation, whether the

offender seeks out the situation himself/herself and some extent selects his/her

crime or the situation comes his/ her by chance and it his/her own reaction that

brings the result . However, all our tendencies social, antisocial or criminal are linked
 to our needs and desires, which arise from our instincts and which have been

approved or disapproves by our ego and superego.

Some opportunities of Criminology Graduates

1. In the law enforcement branches of the government particularly in the civilian and

military police agencies.

2. In the management and administration of security agencies of commercial and

industrial establishments.

3. Questioned document examiners of police agencies or signature verifier of any

banks and other financial institutions

4. Custodians or correctional officer of penitentiaries of penal colonies.

5. Rehabilitation officers or correctional institutions for juvenile delinquents;

6. Laboratory technicians and expert in police laboratories

7. Crime research and prevention program officer.

Some important terms in the study of Criminology

1. Criminogenic – process explain human behavior and experiences which help

determine the nature of a person’s personality as a reacting mechanism; that

factors or experience in connection thereto infringe differently upon different

personalities, producing conflict which is the aspect of crime.

2. Criminal psychodynamics – the study of mental process of criminal actions; the

study of genesis, development, and motivation of human behavior at conflicts

with accepted norms and standards of society. This study concentrates on the
 study of individual as opposed to general studies of mass population with respect

to their general criminal behavior.

3. Cultural conflicts – class between societies because of contrary beliefs or

substantial variance in their respective customs, language, institutions, habits,

learning, tradition etc.

4. Dementia Praecox – a collective term of mental disorders that begin at or shortly

after puberty and usually to general failure of the menta faculties, with the

corresponding physiological impairment. Impaired memory and reasoning ability

associated with the damage brain issue.

5. Delusion – in medical jurisprudence, a false belief about self, caused by

morbidity present in paranoia and dementia praecox.

6. Episodic criminal - a non-criminal person who commits a crime when under

extreme emotional stress;

7. Eratomania – an uncommon form of delusional disorder in which an individual

has an unfounded belief that another is in love with him.

8. Inheritance – the transmission of physical characteristics, mental traits,

tendency to disease etc. from parents to offspring. In genetics, the tendency by

an organism to develop in the likes of a progenitor due to the transmission of

genes in the productive process

9. Hallucination – an individual with strongly self-centered pattern of emotion,

fantasy and thoughts.

 10. Kleptomaniac – uncontrollable morbid propensity to steal or pathological

stealing. The symptoms of this disease usually consist of ocular motives of

stealing and hoarding.

11. Masochism – a condition in sexual perversion in which a person derives

pleasures from being dominated or cruelly treated.

12. Megalomania – a mental disorders in which the subject thinks himself great or

exalted.

13. Necrophilism – morbid craving, usually an erratic nature for dead bodies, it is

also form of perversion where sexual gratification is achieved through sexual

intercourse with or mutilation of a dead body.

14. Logomacy – a statement that we would have no crime if we had no criminal law,

and that we could eliminate all crime by merely abolishing criminal law.

The three Ingredients of Crime (Philippine National Police)

1. Motive/Desire – this is the driving force, the reason why the accused committed

the crime.

2. Opportunity – it refers to the time and place of the commission of the crime.

3. Instruments – these are tools employed by criminals.

Motive +Opportunity + Instruments =CRIME

When does crime Exist?

In the legal viewpoint.

 Crime exist when the person has been proven guilty by the court (competent

court). The main objective to this view is there is a terrific morality of cases between

time of a crime has been up to the time a verdict of conviction is made by the court.

In this Scientific point of view.

Crime exist when it is reported. This is more realistic but not all reported cases

are with sound basis of true happening. Some of them are unfounded.

Distinction between Crime and Sin.

1. Crime is an act or commission against the penal law of state while Sin is an

act or commission against the spiritual or divine law.

2. Upon the conviction for criminal act, the penalty is imposed during the lifetime

of the person, while the penalty for sinful act is imposed in the life thereafter.

Distinction between Crime and Immorality.

1. Crime is committed against the law of state while immortality against the

written social norms of a society.

2. Crime is fixed by statute, while immorality is not.

3. Crime is nationalistic while immorality is regionalistic.

Reasons why members of society must be interested in crimes.

1. Crime is pervasive

Because crimes are everywhere, they should be prevented if not

minimized. Almost all members of society are once upon a time a victim or
 an offender of a criminal act. Crime as an associate of society effects

almost all people regardless of age, sex, race, nationality, religion,

financial condition, education, etc…

2. Crime is expensive

The government and private sectors spend an enormous amount of

money for crime detection, prosecution, correction, and prevention.

a. Direct Expenses i.e., prosecution of cases, litigation, hospital

expenses, property damages, etc…

b. Indirect expenses i.e., police patrol, security guards, security dogs,

fences, CCTV employment, vault or safe containers, etc..

3. Crime is destructive

They capable of destroying the family relations like, adultery; family

business and properties like arson; family completeness like homicide,

murder; reputation of a person like rape; security of the state like rebellion

or coup d’ etat, etc..

4. Crime is reflective

It divulges what types of society you are belong, whether that community is a

crime prone area, the rampant existing of illegal drug pushing and using.

5. Crime is progressive
 It develops gradually so its study must also be dynamic to cope with its

prevention.

Advantages of the existence of Crimes.

1. It promotes solidarity of the people

2. It prevents morality from going to the extreme

3. It is a notification of maladjustment

Crimes are also generally classified as follows:

1. Violent Crimes – include offenses where violence was applied. They are also

called acts or crimes against person, rape, assault, domestic violence, robbery,

and murder belong to this category.

2. Economic crimes – are primarily committed to bring financial gain to the

offender. The most common ones are crimes against property such as burglary

(housebreaking), theft, carnapping, motor vehicle theft, shoplifting, arson, and

fencing.

a. White collar crimes- violations of law committed by a person or a group of

persons in the course of an otherwise respected and legitimate occupation or

business enterprises. Offenses under this category are oftentimes in forms of

fraud cases, such as securities related crimes, bank frauds, frauds committed

against the government, consumer fraud, computer fraud, etc.

b. Organized crimes – generally characterized by the use of legitimate or

illegitimate business enterprise for illegal profit. This crime type involves

thousands of criminals working within structures as complex as those of any

 large corporation, subject to laws more rigidly enforced than those of

legitimate government.

3. Public order crimes – they are unlawful acts that interfere with the normal

operation of society and the ability of people to function efficiently. Moreover,

they are sometimes called “victimless crimes” because there is no direct, tangible

and complaining victim.

Legal Classification of Crimes or Felonies.

1. according to the degree or severity of the offense

a. felonies – these are acts and omission punishable by law. Generally, a felony

is a relatively serious offense punishable by death, a fine or confinement in a

national prison for more than one year.

b. Misdemeanor – are minor offenses that are punishable by no more than a

fine and one year imprisonment, typically in a local in a local jail.

2. According to the acts prohibited

a. Mala in se – the term means “evil in itself”. They are crimes that are “wrong in

themselves”. They are characterized by universality and timelessness, that

is,they are considered crimes everywhere and have been crimes at all times.

For example: murder. Rape and robbery.

b. Mala prohibita – this means “wrong because it is prohibited”. They are

offenses that are illegal because laws define them as such. They lack

universality and timelessness. For example: gambling, trespassing,

prostitution, dynamite fishing, illegal logging and illegal possession of

firearms.
 3. As to the manner crimes are committed

a. By means of dolo or deceit

b. By means of culpa or fault

4. As to the stages of the commission of crime

a. Attempted Crimes

A felony is attempted when the offender commences the commission of a felony

directly by overt acts, and does not perform all the acts of execution which would

produce the felony by reason of some cause or accident other than his own acts

spontaneous desistance (art 6, 3rd par, RPC).

b. Frustrated Crimes

A felony is frustrated when the offender in 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.

c. Consummated Crimes

A felony is consummated when all the elements necessary for its execution and

accomplishment are present.

5. As to the Plurality of Crimes

a. Simple Crimes

When single act constitute only an offense.

Ex. Homicide, robbery, rape

 b. Complex crimes

When a single act constitute two or more crimes or when an offense is a

necessary means for committing the other.

Ex: robbery with homicide

6. As to the Gravity of Penalty or offense

a. Grave Felonies

When an offense is punished by afflictive penalties, like, RP, RT, prision

mayor, & Death.

b. Less grave Felonies

When an offense is punished by correctional penalties like, prision

correctional, arresto mayor.

c. Light felonies

When an offense is punished by light penalty, like, arresto menor.

Ex: slight physical injury, theft, malicious mischief

7. As to the basis of criminal act

a. Crimes against person

i.e., homicide, murder, rape, physical injuries, etc..

b. Crimes against property

i.e., robbery, theft, estafa, malicious mischief, etc..

c. Crimes against chastity

i.e., adultery, concubinage, acts of lasciviousness, etc..

d. Crimes against public order

i.e., rebellion, coup d’etat, sedition, etc..

e. Crimes against National security and the Law of Nations

i.e treason; conspiracy and proposal to commit treason; espionage; inciting to

war or giving motives for reprisals.

f. Crimes Against the Fundamental Laws of the State

i.e., arbitrary detention; delay in the delivery of detained persons; delaying

release; expulsion; violation of domicile; searching domicile without witness etc.

g. Crimes against Public Morals

i.e illegal gambling; betting

h. Crime against public officers

i.e malfeasance and misfeasance in office; bribery; corruption; frauds and illegal

exactions and transactions; malversation f public funds and property; infidelity of

public officers; revelation of secret.

i. Crimes against Decency and Good Customs

i.e grave scandal; immoral doctrines; obscene publications and exhibitions and

indecent shows; vagrants and prostitutes.

j. Crimes against Liberty

i.e kidnapping and serious illegal detention(Art.267), slight illegal detention,

unlawful arrest, kidnapping of minors, inducing a minor to abandon his home,

slavery, exploitation of child labor

k. Crimes against the civil status of person

i.e simulation births and usurpation of civil status, illegal marriages

l. Crimes against honor

 i.e libel, slander

m. Crimes against Security

i.e abandonment of helpless persons and exploitation of minors, trespass

dwelling, threats and coercion.

Criminological Classification of Crimes.

1. As to the result of crime

a. Acquisitive crime

If someone acquires something as to the result of crime.

b. Extinctive crime

When there is destructions to lives or properties of the victims as to the

result of the crime.

2. As to time or period committed

a. Seasonal crimes

Those committed during a certain period of the year, i.e., tax evasion,

election law violations, etc..

b. Situational crimes

Those committed only when given the situation conducive to its

commission.

3. As to length of time committed

a. Instant Crimes

Those committed in a shortest possible time.

 b. Episodic Crimes

Those committed by a series of act in a lengthy space of time.

4. As to the place or location of the commission

a. Static Crimes

Crimes committed in one place.

b. Continuing crimes

Those committed in several places.

5. As to the use of mental faculties

a. Rational crimes

Those committed with intention and the offender is in full possession of his

sanity.

b. Irrational Crimes

Those committed by persons who do not know the nature and quality of

his act on account of the disease of the mind.

6. As to the type of offenders

a. White collar crimes

Those committed by person of respectability and of upper socio-economic

class in the course of their occupational activities, i.e., plunder

b. Blue collar crimes

Those committed by ordinary offenders to maintain their livelihood.

7. As to the standard of living of the criminals

a. Crimes of the upper world. Falsification cases

b. Crimes of the underworld. Snatching

In addition, for statistical purposes and to create a standardized definition of

crime classification, crime is further divided into index and non-index crime.

Index crimes – involve crimes against persons, such as murder, homicide,

physical injury and rape, and crimes against property, such as robbery, theft,

carnapping,/carjacking, and cattle rustling.

Non-Index Crime – are violations of special penal laws, such as illegal logging,

or local ordinances.

Explanations as to causes / existence of Criminality

1. Single or Unity causes

Crime is produced only by one factor or variable be it social, biological,

psychological.

2. Multiple factor theory

Crime is not a product of a single cause or factor but a combination of

several factors. Some factors are playing a major role while the others are

playing the minor role.

Factors affecting the development and existence of crime and criminality.

A. GEOGRAPHICAL FACTORS.
 Earlier criminologists correlated climate, humidity, wind velocity, atmospheric

pressure, rainfall, nature of soil and other geographical pressure, nature of soil and

other geographical factors to the existence and development of crimes and criminalities.

B. THE BIOLOGICAL FACTORS.

1. Physiognomy

This is the study of the relationship between the facial feature and human

conduct of a person in relation to his crimes.

2. Phrenology or Craniology

This is the study of the external formation of the skull that indicates the formation

of the brain and the development of its various parts in relation to the behavior of the

criminal. Frans Joseph Gall, Charles Caldwell, and John Christon Spurzheim claimed in

their study that the shape of the head of the criminals differ from that of the non-

criminals. The theory however, was found without scientific basis.

3. Study of physical Defects and Handicapped in Relation to Crimes

Some of the notorious criminal groups arre usually nicknamed in accordance with

their physical defects and handicapped such funny words like “Dorong Pilay, Dencion

Unano, Dodoy Bulag” and many more. It is very common that these criminals are known

by their physical defects and handicaps which are the usual sources of irritation during

childhood days whenever they become the subject matter of jokes by others. As a
consequence, they become violent, feel inferior to others and/or being ostracized by the

society. The unfavorable results, therefore, could be following:

1. Persons who are suffering from physical defects may develop poor social

relationship and serious emotional disturbance.

2. It reduces his capacity to complete occupationally and socially.

3. Persons suffering from defects are frequently irritated by friends and resorts

to violent criminal behavior.

4. It may cause the development of inferiority complex.

4. Study of Kretschmer

Classifying the Types of Physique and the Type of Crimes they are prone to commit:

Types of Physique Crime Prone to Commit

a. Pyknic Type deception, fraud,

(short & with round body) violence

b. Athletic Type violence

c. Asthenic Type petty thievery, fraud

d. Dysplastic or mixed Type decency,

(those who are less evident morality

having any predominant type)

5. Study of William Sheldon (Varieties of Delinquent Youth) Classifying types of

Physique and criminal temperament:

Types of Physique Temperament

a. Endomorphic a. Viscerotonic

Relatively great development Generally

of digestive viscera; tendency to relaxation of

put on fats; soft round body; body; loves

short tapering limbs, small luxury and

bones; smooth velvety skin. essentially

extrovert person

b. Mesomorphic b. Somotonic

Relatively predominance Active,

of muscles, bone, and the dynamic, walks,

motor organs of the body; moves assertively

large wrist and hands. and behaves

aggressively.

c. Ectomorphic c. Cerebronic

Relatively predominance Introvert,

of skin and its appendages full of functional

 which includes the nervous allergies, skin

system; lean; delicate body, troubles, chronic

fragile, small delicate bones, fatigue, insomia,

dropping shoulders, small sensitive to

face, sharp nose, fine hair, noise, shrinks

relatively small body mass from crowd.

and relatively great surface area.

6. Study of Heredity as the Causes of Crimes

a. Study of Martin Kallikak Family Tree ( Goddard )

Martin Kallikak was a soldier of the American revolutionary war and while

stationed in a small village, he met and had illicit relations with a feeble-minded girl.

About 489 descendants from this lineage were traced which includes 143 feeble-minded

and 46 were normal. Thirty six (36) were illegitimate, 3 were epileptics, 3 criminals, 8

kept brothels and 12 died in infancy.

At the close of the war, Martin Kallikak returned to his home and married a

Quaker of good family. Out of this marriage, 4,967 of the descendants has been traced

and all but one were abnormal mentally, one was convicted of religious offense, 2 were

known to be alcoholics, 15 died in infancy and no one became criminal or epileptic.

b. Study of Juke Family Tree (Dugdale and Extabrook)

 The Juke family consisted of 6 girls some of whom were illegitimate. One of the

six sisters, Ada Juke was known as “Margaret, the mother of criminals”. Dugdale traced

the 1,200 descendants for 75 years from its origin and found 280 as paupers, 140

criminals, 60 habitual thieves, 300 infants prematurely born, 7 murderers, 50 prostitutes,

440 contaminated with sexual diseases, and 30 were prosecuted for bastardy.

c. Study of Sir Jonathan Edward Family Tree

Sir Jonathan Edwards was a famous preacher during the colonial period. When

his family tree was traced, none of the descendants was found to be criminal. On the

other hand, many become presidents of the United States, governor, members of the

Supreme Court, famous writer, preacher and teacher.

C. PSYCHOANALYTIC AND PSYCHIATRIC THEORY.

Various studies of human behavior and mind in relation to the causes of crimes:

Several noted criminologist have advanced the theories that criminal behavior is

developed among individuals consonant with the development of human mind, traits

and behavior. Among them are:

1. Aichorn. In his book entitled Wayward Youth (1875) said that the causes of crime

and delinquency are the faulty development of the child during the first few years of

his life. As a child, the human being normally follows only his pleasure impulses
 which must control his behavior otherwise he suffers faulty ego development and

became delinquent.

2. Abrahamsen. In his book Crime and the Human Mind (1945) explained the

causes of crime by this formula:

“Criminal behavior is equals to criminalistic tendencies plus crime including

situation divided by the person’s mental; or emotional resistance to temptations”.

CT

C = ------------

M/ER

3. Cyril Burt. In his book Young Delinquent (1925) gave the theory of general

emotionality. According to him, many offenses can be traced to either in excess or a

deficiency of a particular instinctive drive. An excess of the submissive instinct account

for fear and absconding may be due to the deficiency in the primitive emotion of love

and excess of the instinct of hate.

4. Healy. In his book Individual Delinquency, claimed that crime is an expression of

the mental content of the individual. Frustration of the individual causes emotional

discomfort, personality demands for the removal of the pain and the pain is eliminated

by substitute behavior that is crime or delinquency of the individual.

5. Bromberg. In his book Crime and the Mind (1948), claimed that criminality is the

result of emotional immaturity. A person is emotionally matured when he has learned to

control his emotion effectively and who lives at peace with himself and in harmony with

the standard conduct which ate acceptable to the society. An emotionally immature

person rebels against rules and regulations, tend to engage in unusual activities and

experience a feeling of guilt due to inferiority complex.

6. Sigmund Freud. (The Ego and the Id, 1972) on his psychoanalytical theory of

human personality and crimes have the following explanations:

a. Id. Is impulse or instinct of social drives. It contains what is inherited, that is

present at birth. A new born infant enters the world with an energy reservoir of

instinctive biological drives which is uncontaminated by external reality. At this point, the

human being is prepared of his instinctual energies, selfishness, violence and anti-

social wishes are part of the original instinct of man.

b. Ego. This form part of man’s physical organization between his sensory stimuli

on one hand and his motor activity on the other hand. The ego operates on the basis of

expediency. The question of right or wrong, safe or dangerous, permitted or prohibited

does not play an important role. The child begins to acquire an awareness of one’s self-

distinction from the environment. Decisions are reached in terms of reality principle.
 c. Super Ego. Means the conscience of man; It is the role of the agencies

outside the home which ties to control the ego and maybe represented by the voice of

God, moral truth, commandments of society, good for the whole will of the majority,

cultural conventions and other rules.

Other Factors of Crime Causation

1. Alcoholism – it is a form of vice causing mental disturbance. It is a condition

wherein a person is under the influence of intoxicating liquor or alcohol. His

physical condition and behavior may be modified to a certain extent by the

effects of alcohol. The drunkard habitually takes or uses of intoxicating alcoholic

liquor. Once under the influence of liquor, he becomes dangerous, to himself or

others. He may commit violent crimes and inflict physical injuries. Habitual

drunkard may commit suicide, sex offense and exquisite crimes.

2. Drug Addiction – this is another form of vice which causes a strong mental

disturbance. Drug addiction is a state of periodic or chronic intoxication

produced the repeated consumption of natural of synthetic drugs. An addict may

commit crimes against property when he/she has no more money to buy drugs. A

woman may become prostitute just to get money to buy her consumption. And

some addicts may withdrawn from drugs may commit violent crimes and commit

suicide due to extreme suffering.

Other Classes of Crimes

1. Crime by Imitation – crimes committed by merely duplicating what was done by

other; based on the explanation of crime as a learned behavior.

 2. Crimes of passion – those crimes committed at the height of great emotion.

3. Severe crimes – crimes committed through rendition of service to satisfy desire

of another.

4. Genocide – a crime committed by a government through mass destruction or

annihilation of human population.

5. Transnational crimes – violations of law that involve more than one country in

their planning, execution, eg. Drug trafficking, human trafficking.

6. Environmental Crimes – acts that breach environmental legislation and cause

significant harm or risk to the environment of human health, eg. Illegal emission

or discharge of substances into air, water, soil; illegal trade in wildlife.

7. Cyber crimes – crimes that invlve computers and networks.

8. Political crimes – criminal activities for ideological purposes; also serious

violations of laws that threaten the security or existence of the government, eg.

Terrorism, treason or sedition.

9. Family-related crimes – crimes within the family

10. Patriarchal Crimes – those committed against women and children in the name

of traditional male dominance.

Fundamental Study of Criminal Law.

Definition of Law

May be defined as formal social control involving the use of rules or norms that

are enacted, interpreted, administered, and enforced by specialized agents of the

political state or community. Specifically, laws are formulized rules that prescribed or

limit actions.

Criminal law - is that branch of public law which defines crimes, treats of their nature,

and provides for their punishment.

- Is a branch of jurisprudence that deals with offenses committed against the

safety and order of the state

Goals of Law

People who engage in any criminal act are illegible for sever sanctions, by

outlawing these behaviors; the government expects to achieve the following goals in

creating each country’s penal code.

1. Enforcing social control – those who hold political power rely o criminal law to

formally prohibit behaviors believed to threaten societal well being or to challenge

their authority.

2. Discouraging revenge – by punishing people who violate the rights, property, and

freedom of others the law transfers the burden of revenge from the individual to

the state.

3. Expressing public opinion and morality – criminal law reflects constantly

changing public opinions and moral values. It changes according to social

conditions and attitudes.

4. Deterring criminal behavior – criminal law has a social control function. It can

control, restrain and direct human behavior through its sanctioning power. The
 threat of punishment associated with violating the law is designed to prevent

crimes before they occur.

5. Punishing wrongdoing – the deterrent power of criminal law is tied to the

authority it gives the state to sanction or punish offenders. Those who violate

criminal law are subject to physical coercion and punishment.

6. Maintaining social order – all legal systems are designed to support and maintain

boundaries of the social system they serve. In a way, the contents of the criminal

law are mere reflection of the needs of those who control existing economic and

political system than the representation of the law.

Ideal Characteristics of Criminal Law

1. Politicality – refers to the legitimate source of criminal law. Only violations of rules

made by the state (that is the political jurisdiction that enacted the laws) are

crimes. Violations of rules made by the other institutions such as families,

churches, schools, employers but they are not crimes because they are not

prohibited by the state.

2. Specificity – scope of criminal law. Although civil law may be general in scope,

criminal law should provide definitions of specific acts.

3. Regularity – means the applicability of the criminal law to all persons. Thus,

ideally, when criminal laws created, they should apply not only to the men, who

violate them, but also to the women and vice versa.

 4. Uniformity – it is also the criminal law should be enforced. Ideally, the law should

be administered without regard for the status of a person, e.g, whether the

offender is young or old, rich or poor, and so on.

5. Penal sanction - violators will be punished or at least threatened with punishment

by the state. There would be no point in enacting criminal laws if their violation

were not responded to by punishment or threat of punishment.

Development of Criminal Law

The beginnings of criminal law can be traced more than 3,000 years ago. The

following are the ancient legal codes recorded in the history.

1. The Code of Hammurabi – it established a system of crime and punishment

based on the physical retaliation or an “eye to an eye, tooth for a tooth” method.

If a physician performed a careless operation, his hand was removed; if he were

responsible for the death of a woman through miscarriage, the life of one of his

daughters was taken.

2. The Mosaic Code – (1200 BC) of the Israelites. This was based on the tradition

that God entered into a covenant or contract with the tribes of Israel. In returns

for God’s special care and protection, they agreed to obey his law ( the 613 laws

of the old testament including the Ten Commandments) presented by Moses.

3. The Roman Law – this is contained in the “twelve tables”, formulated by a

special commission on Ten noble Roman men in response to pressure from

lower classes, who were referred to as plebeians. The plebeians believed that
 an unwritten code gave arbitrary and unlimited power to the wealthy classes

known as patricians, who serves as magistrates.

4. The Common Law – because of the ancient legal codes has been lost during

the dark Ages (Middle Ages), the concept of law and crime during this long 500

year period was in disarray and often guided by superstition and local custom.

Under this law, if a new rule was successfully applied in a number of different

cases, it would become precedent.

5. The Code of Kalantiaw (1433) – a mythical legal code believed to have been

written by Datu Kalantiaw of the Island of Negros, the code of Kalantiaw

purportedly had existed during the Pre-Spanish era. It is regarded as the first set

of criminal laws in the country, (though some historians consider the code as

disputed document). The code is known for imposing cruel forms of punishments

such as drowning in a river, dipping hands in boiling water, exposure to ants, and

flogging with spines to death.

Upon the coming of the Spaniards, the Spanish Codigo Penal was made and

applicable by virtue of Royal Decree of 1870. It was later replaced by the old Penal

Code (1876) until the American colonization. On December 8, 1930, the same penal

code was amended through act no. 3815, otherwise known as “The Revised Penal

Code”

CHARACTERISTICS OF CRIMINAL LAW.

A. It is general in application
 It has general application because criminal law is binding on all persons who

reside or sojourn in the in the Philippine territory.

Art. 14 of the Civil Code provide that penal laws shall be obligatory upon all who

live or sojourn in the Philippine territory.

B. It is territorial in character.

It is Territorial, in that criminal law undertakes to punish crimes committed within

the Philippine territory.

Art.2 of the Revised Penal Code states that the provisions of this Code shall be

enforced within the Philippine Archipelago, including its atmosphere, its interior waters

and maritime zone, which constitute the Philippine territory.

Q: Suppose X, a Filipino domestic helper in Korea, committed theft against Y, a Filipino

engineer, can Y file the case against X in the Philippines? Support your answer.

C. It must be Prospective.

No person can be punished for his act which at the time he did it is not yet

punishable by law. However, penal laws may be given retroactive effect when it is

favorable to the accused who is not habitual delinquent. (Art. 22, RPC).
D. it is Specific and definite.

The criminal law gives a strict definition of the specific act committed. However,

when doubt exists as to whether a definition contained in the Revised penal Code

applies to the accused or not, the judge is to decide in favor of the accused.

E. it is uniform in application

When the law is general in application, the punishment given to the convicted

person is in the same context, that no exception must be made as to criminal liability.

The define crime, together with the corresponding punishment, must be uniformly given

although differently enforced based on the specific provision of the law.

G. There must be a penal sanction or Punishment – penal sanction is the most

important part of in the violation of laws since acts as deterrence in the further violation

of laws. The state uses sanction in terms of self-defense to protect the society from the

wrongs inflicted by a would-be criminal.

Basic Maxims in Criminal Law

1. Doctrine of Pro Reo – whenever a penal law is to be construed or applied and

the law admits of two interpretations- one lenient to the offender and one strict to

the offender – that interpretation which is lenient or favorable to the offender will

be adopted.
 2. Nullum Crimen, Nulla Poena sine lege – there is no crime when there is no law

punishing the same.

3. Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the

mind is not criminal.

4. Actus me invite factus non est meus actus – an act done by me against my

will is not my act.

5. 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.

CRIMINAL DEFINED.

In the LEGAL sense, a criminal is a person who has been found to have committed

a wrongful act in the course of the standard judicial processes. There must be a final

verdict of his guilt.

CLASSIFICATION OF CRIMINALS.

1. Criminals classified on the basis of ethnology

a. Acute criminals

A person, who violates criminal law because of the impulse of the

moment, fit of passion or anger or spell of extreme jealousy.

b. Chronic criminals

A person, who acted in consonance with deliberate thinking.

1. Neurotic criminals
 Person whose actions arise from infra-psychic conflict between the

social components of his personality. Kleptomania

2. Normal criminals

They are normal individuals except that they are force by chance to

commit a crime.

3. Criminality caused by an organic pathological process

2. Criminal classified on the basis of behavioral system

a. Ordinary criminals

The lowest form of criminal career; they engaged only on conventional

crimes which requires limited skills. They lack organization to avoid arrest

and conviction.

b. Organized criminals

They are composed of two or more persons collaborating, confederating,

or mutually helping one another to commit any crimes.

c. Professional criminals

They are offenders that have considerable skills without being detected.

They are those people whose crimes are the source of living.

3. Criminals classified on the basis of their activities

a. Professional criminals
 People who earn living through crimes

b. Accidental criminals

Those who commit crimes as a result of unanticipated circumstances

c. Habitual criminals

Those who commit crimes in a repetition

d. Situational criminals

Those who are actually not criminals but constantly in trouble with legal

authorities because they commit crimes which are intermixed with

legitimate economic activities.

4. Criminals classified on the mental attitude

a. Active aggressive criminals

Those who commit crimes in an impulsive manner usually due to

aggressive behavior of the offender; such attitude is clearly shown in

crimes of passion, revenge, resentment

b. Passive inadequate criminals

Those who commit crimes because they are pushed to it by inducement,

reward or promise without considering its consequence.

c. Socialized delinquents

Those, who are normal in their behavior but merely defective in their

socialization processes. To this group belongs the educated and

respectable members of the society who may be criminals on account of

the situation they are involved.

Classification of Criminals (The Revised Penal Code)

1. Recidivist – is one who, at the time of his trial for one crime, shall have been

previously convicted by final judgment of another crime embraced in the same

title of the revised penal code.

2. Quasi-recidivist – is one who commits another crime after having been

convicted by the final judgment of a crime falling under either the RPC or special

law, before beginning to serve such sentence or while serving the same.

3. Habitual Delinquent – is one who, within a period of ten (10) days from the date

of his release or last conviction of the crimes of serious or less serious physical

injuries, robbery, estafa, or falsification, is found guilty of any of the said crimes

for the third time or oftener.

(Week 14)

At the end of the lesson, the students should be able to:

1. Discuss some provision in juvenile justice system;

2. Describes the some abnormal behavior.

__________________________________________________________________

Juvenile Delinquency and Related Laws

 Juvenile Delinquency – deals with children, minor or youth, below 18 years old

who breaks the law or fail to do what the law requires. It also refers to the violation of a

law by a juvenile. It includes those acts that would be crimes if committed by adults,

such as: car theft, and burglary, and also those acts that are illegal only for boys and

girls, such as alcohol and beverages. Nowadays the term juvenile delinquent is referred

to “child in conflict with the law.”

Deviant behavior – is that behavior which does not conformed to the standard

norm of the society/institution for which if did not check may tend to rise into criminality.

DISTINCTION BETWEEN CRIMINAL AND DELIQUENT.

A criminal is a person who has violated the penal laws and has been guilty of the

charges upon observing the standard judicial procedure while a delinquent is a person

who merely committed an act not in conformity with the standard norms of society.

Examples of Facts of delinquency.

1. waywardness of children

2. street corner gang

3. children out of parental control

4. school dropouts without justifiable reasons

Classes of Delinquency
1. Environmental Delinquents – are the occasional lawbreakers, also called

accidental lawbreakers. These kinds of delinquents are less identifiable in

personality and temperaments, essentially a law abiding citizen but happens to

be at the wrong place at the wrong time. This may be credited to peer pressure

or pure curiosity on the part of the young person.

Examples:

a) association or group

b) fraternities/sororities

c) gangs

d) poverty inducement, hunger

e) compulsion, irresistible force, or impulse of uncontrollable fear of an

equal or greater injury.

2. Emotionally Maladjusted Delinquents – are chronic lawbreakers, also called

asocial lawbreakers. These are children whose acts are manifested by vile,

cruel and atrocious acts and conduct for which they feel no remorse or

repentance.

Example:

a) kleptomania

b) serial killer

c) serial rapist
 d) pyromania

e) dipsomania

3. Neurotic Lawbreakers/Psychiatric Delinquent/Mental ill-health.

This kind of delinquency is related to serious emotional disturbances in the

family. The anti-social behavior of the youth is a direct result of internal conflict and pre-

occupation with his own emotion and mood.

4.Social Delinquents – refers to an aggressive teens who resent authority, whether be

it parental, school regulations or ordinances and laws passed by the proper legislative

authorities. The most common reason for such dislike is focused on anyone who tries to

control their conduct.

Methodology towards Delinquency

1. Biogenic approach – this view gives an explanation

that law violations and delinquency is a result of some physical defects. It advocates

that youth misconduct is a direct faulty biology. Hence the support from family

members, friends and acceptance of the community may solve the problem on

delinquency.

2. Psychogenic approach – this argues that the critical

factors in delinquency are personality problems, to which the misbehavior is presumed

to be the response. This advocates the use of counseling to curtail juvenile misbehavior.
 3. Sociogenic approach – ascribes the distinction and

variation and delinquency pattern to social structures. The youth misdeed may be

attributed to their learning process cultured in youth gangs, stigmatizing contacts with

governmental and social control agencies and other similar variables.

Factors which causes Juvenile Delinquency

Family – the basic unit of society, whose main responsibility is to provide the

basic necessities of the child as well as to give emotional, spiritual, moral, intellectual

and social basic to its members particularly the children and the primary social agency

tasked with the significant task of rearing the youth.

The ideal criteria for a normal home includes the following:

1. Structural completeness

2. Economic security

3. Cultural conformity

4. Moral conformity

5. Physical and psychological normality

6. Functional or emotional adequacy

Factors which may lead to juvenile delinquency

a) Faulty development of the child

b) Lack of parental guidance

 c) Parental rejection

d) Broken homes

e) Lack of love

f) Unfair treatment

g) Too harsh discipline

h) Too lenient discipline

i) Parents indifference towards children

Temporary broken homes – refer to separation of husband and wife caused by

war, migration, hospitalization, imprisonment, or employment conditions.

Permanently broken homes – refers to separation caused by desertion, divorce

or legal separation, life imprisonment, or death.

Environment – the culture norms and behavior of the child’s surrounding, may

very well influence the upbringing of the child especially throughout their formative years

and such misbehavior learned will definitely be carried out until a child’s maturity or

entrance to the adolescent world. Behavior modification by means of imitation as

brought about by the environment as follows:

a) rampant drug addiction

b) vices such as gambling and alcoholism

c) association with criminal groups and gangs

d) impulse of fear and resentment.

e) Crime inducing situation and presence of hazards

 f) Attractive nuisances prevalent in the environment

Classes of Mental deficiency

1. Idiots – persons in whose case there exists mental defectiveness of such degree

that they are unable to guard themselves against common physical dangers.

Their mentality is compared to a 2 years old person.

2. Imbeciles – persons in whose case there exists mental defectiveness which

through not amounting to idiocy, is yet so pronounced that they are incapable of

managing themselves or their affairs. Their mentality is like a child of 2 to 7 years

old.

3. Feebleminded Persons. Those in whose case there exist mental defectiveness

which though not amounting to imbecility, is yet so pronounced that they require

care, supervision, and control for their own or for the protection of others, or in

the case of children, they appear to be permanently incapable by reason of such

defectiveness or receiving proper benefit from the instruction on ordinary

schools.

4. Moral defectives – persons wherein mental defects exist coupled with strong

vicious criminal propensities, and who require care and supervision and control

for their own sake or for the protection of others.

5. Schizophrenia – this is sometimes called dementia praecox, which is a form of

psychosis characterized by thinking disturbance and regression to a more

primitive level of emotional life. The memory is relatively unimpaired and

intellectual functions are well preserved. The personal appearance is dilapidated

and the patient is liable to impulsive acts, destructively and may commit suicide.

6. Compulsive Neurosis – this is the uncontrollable impulse to do something.

There may be an active desire to resist the irrational behavior but prevented by

the unconscious motives to act out his difficulty or suffer miserably in his difficulty

or suffer miserably in his fear.

7. Psychopathic Personality – this is the most common cause of criminality

among youth offenders and habitual criminals. It is characterized by the infantile

level of response, lack of conscience, deficient feeling of affection to others and

aggression to environment and other people.

8. Epilepsy – this is a condition characterized by convulsive seizures and a

tendency to mental deterioration. The seizure maybe extreme loss of

consciousness. During the attack, the person become muscularly rigid,

respiration ceases, froth on the mouth and tongue maybe bitten. The disease is

characterized by the reduction of emotionality, with much inconsistency in

feelings, irritability manifested either by sudden outburst of anger and vicious

conduct.
Types of Epilepsy

a. Grand Mal – there is complete loss of consciousness and general contraction of

the muscles.

b. Petit Mal – Mild or complete loss of consciousness and contraction of muscles.

c. Jacksonian Type – Localized contraction of muscles with or without loss of

consciousness.

Epileptic personality – this is a state characterized by compulsive seizures and

a tendency to mental deterioration.

Types of Epilepsy

1. Grandmal – where there is complete loss of consciousness and general

contraction of muscles.

2. Petitmal – it may be evident by mild or complete loss of consciousness and

contraction of muscles.

3. Jacksonian type – there is localized contraction of muscles with or without

loss of consciousness.

Mental Deficiency – which is a state of arrested or incomplete development of

the mind existing before the age of 18, whether arising from inherent origin or induced

by disease or injury.

1. Idiots – mentality which may be compared to that of

two years old children. These are persons who manifest mental defectiveness of such a

degree that they are unable to guard themselves against common physical dangers.

2. Imbeciles – persons whose state of mind is similar to

a child 2-7 years of age, and in whose case there exist mental defectiveness which

though through not amounting to idiocy is yet so evident that they are incapable of

managing themselves or their affairs.

3. Feeble-minded persons – are persons whose state

of minds manifest cases where there exists mental defectiveness which though not

amounting to imbecility, require care, supervision, and control for their own protection.

4. Moral defectiveness – are persons wherein their

mental defects exist attached with strong vicious or criminal propensities, and who

require and supervision, and control for the protection of others.

5. Schizophrenia – this is sometimes called dementia praecox, which is a form of

psychosis characterized by thinking disturbance and regression to a more

primitive level of emotional life. The memory is relatively unimpaired and

intellectual functions are well preserved. The personal appearance is

dilapidated and the patient is liable to impulsive acts, destructively and may

commit suicide.

6. Compulsive Neurosis – this is the uncontrollable impulse to do something.

There may be an active desire to resist the irrational behavior but prevented by

the unconscious motives to act out his difficulty or suffer miserably in his

difficulty or suffer miserably in his fear.

 7. Psychopathic Personality – this is the most common cause of criminality

among youth offenders and habitual criminals. It is characterized by the infantile level of

response, lack of conscience, deficient feeling of affection to others and aggression to

environment and other people.

Different Abnormal Sexual Behavior

1. Masochism – sexual gratification by enduring pain inflicted upon himself.

Causes: parental strictness or guilt feeling to relieve stress.

2. Sadism – sexual pleasure by inflicting pain upon the victim or his partner.

3. Sadomasochism – sexual gratification and excitement by enduring pain

inflicted with both of them.

4. Exhibitionism – sexual fulfillment by exposure of private organs or entire body.

5. Voyeurism – sexual indulgence seeing nude woman/man some form of sexual

act (peeping tom).

6. Transvestite – sexual gratification/excitement by wearing clothes and acting the

role of opposite sex.

7. Fetishism – substitution with an animate object or human love object.

8. Lesbianism – sexual intercourse between two woman. Causes: stress,

environment/accidental.

9. Homosexuality – sexual stimulation and gratification with same gender.

 10. Incest – sexual intercourse between closely related persons and whose

marriage is prohibited by law.

11. Pedophilia – child molester/ sexual indulgence to minor.

12. Bestiality – sexual gratification with a living animal.

13. Necrophilia – sexual intercourse with a dead body more likely in homicide.

14. Eratomania – morbid propensity to make love.

15. Nymphomania – excessive sexual desire for female

16. Satyriasis – excessive sexual desire for male.

Kinds of children

1. Legitimate children – are those children who are born in lawful wedlock or both

parents are legally married.

2. Illegitimate children – those children who are born out of wedlock or parents

who are not legally married to each other.

3. Spurious children – illegitimate children who were born in unnatural

circumstances.

a) Adulterous children – conceived and born out of adultery or concubinage.

b) Incestuous children – children born of parents who are incapable to contract

marriage with each other by reason of blood relationship, like brother and

sister.

c) Manceres children – children by prostitute parent wherein it is difficult to

determine the father because of the nature of the job or calling.

 Artificial Insemination – is the introduction of seminal fluid with spermatozoa in

the generative tract of a woman by means of syringe, pipe line or irrigator. There is no

presumption of legitimacy but the surrogate mother is the mother of the child.

Impotency – the physical incapacity of either sex to allow or grant to the other

legitimate sexual gratification.

Sterility – the incapacity of either sex to have a healthy reproductive system

which constrains them from having an off-springs.

(RA 7610) “Protection of children against child abuse, exploitation and discrimination act

of 1992”.

a) Child – refers to a person below 18 years old or one over the said age and who,

upon evaluation of a qualified physician is found to be incapable of taking care of

himself.

b) Child abuse – refers to the infliction of physical or psychological injury, cruelty to,

or neglect, sexual abuse, or exploitation of a child.

c) Cruelty – refers to any act by word or deed which debases, degrades or

demeans the intrinsic worth and dignity of a child as a human being.

d) Physical injury – includes but is not limited to lacerations, fractured bones, burns,

internal injuries, severe injury, or serious bodily harm suffered by a child.

e) Psychological injury – means harm to a child’s psychological or intellectual

functioning which may be exhibited by severe anxiety, depression, withdrawal, or

outward aggressive behavior, emotional response, or cognition.

f) Neglect – means failure to provide for reasons other than poverty, adequate

food, clothing, shelter, basic educational or medical care so as to seriously

 endanger the physical, mental, social, and emotional growth and development of

the child.

g) Sexual abuse – includes the employment, use, persuasion, inducement,

enticement, or coercion of a child to engage in, or assist another person to

engage in, or assist another person to engage in sexual intercourse.

h) Lascivious conduct – means the intentional touching, either directly or through

clothing, of the genital, anus, groin, breast, inner thigh, or buttocks.

i) Exploitation – means hiring, employment, persuasion, inducement, or coercion of

a child to perform in obscene exhibitions and indecent shows.

j) Coercion – refers to putting a child under duress to consent to engage in the

activity.

k) Molestation – means forcing the activity on the child without consent.

l) Child exploitation in prostitution – refers to children exploited in prostitution or

other sexual abuse who engage in sexual intercourse or due to any nature of

influence by an adult.

Q: An abuse that is kept secret for a purpose, concealed, or underhanded is called

A. Clandestine abuse

B. Clinical abuse

C. Overt abuse

D. Abuse of authority
 Child Trafficking – any person who shall engage in trading and dealing with

children including but not limited to, the act of buying and selling of a child for money, or

for any other consideration, or barter, shall suffer the penalty of RT to RP.

Rights of children arrested or detained

a) Separate detention from adults;

b) Immediate free legal assistance;

c) Immediate notice of such arrest to the parents or guardian;

d) Release of the child on recognizance within 24 hours to the custody of DSWD.

Who may file a complaint on cases of unlawful acts committed against children?

1. Offended party

2. Parent/guardian

3. Ascendant/collateral relatives

4. Officer, social worker

5. Brgy chairman

6. Atleast three (3) responsible members of the society

Special categories of children

1. Dependent child – is one who is without a parent, guardian or custodian; or one

whose parent, guardian for good cause desire to be relieved of his care and

custody, and is dependent upon the public for support.

 2. Abandoned child – is one who has no proper parental care of guardianship, or

whose parents or guardians have deserted him for a period of at least 6

continuous months.

3. Neglected child – is one whose basic needs have been deliberately unattended

or inadequately attended.

a) Physical neglect – when the child is malnourished, ill clad and without proper

shelter.

b) Emotional neglect – when the child are maltreated, raped or seduced, when

child is exploited, overworked, or made to worked under conditions not

conducive to his good health.

Definition of Terms under RA 9344

1. Bail – refers to the security given for the release of the person in custody of the

law, furnished by him or a bondsman, to guarantee his appearance before any

court. Bail may be given in the form of corporate surety, property bond, cash

deposit, or recognizance.

2. Best interest of the child – refers to the totality of the circumstances and

conditions which are most congenial to the survival of the child.

THE VICTIMLESS CRIMES

In common understanding of what crime means is that the act implies that there
is both perpetrator and a victim of the wrongful behavior. With victimless crimes, this
general rule does not apply. Victimless crimes refer to those crimes in which no clear
victim is readily identifiable. In other words, the only injured party is the offender, who
engages in self-destructive behavior. These crimes are also called moral offenses or
vice. Many of these crimes generally refer to Public Order Crimes– an offense that is
consensual and lacks a complaining participant. It is rare in these cases are victims who
week prosecution.

Examples of Victimless Crimes

 Related to Sex Crimes (against Chastity): Adultery and, in general, sex outside
marriage where all those involved, including spouses, give consent. Adultery
without the spouse's consent is arguably not victimless, as it violates the
spouse's marriage contract rights, but it is also arguable that the non-consenting
spouse is the victim of a civil wrong, not a criminal wrong; Bigamy and other non-
traditional marital and family practices; Prostitution, other sex work, and related
acts. According to some people, prostitutes are "victims" of economic
circumstances; others point out that many strippers and ditch diggers are
"victims" of economic circumstances, and arguably so is anyone who performs a
service only for the money, but that doesn't mean stripping, ditch digging or
performing any other services solely for the money is or should be a crime; Incest
between legal adults where offspring cannot result from the sexual activity.

 Related to Religion: Practice of religions or cults or superstitions other than

those locally sanctioned. Practices involving banned substances (such as
hallucinogens) or banned social arrangements (such as polygamy); Blasphemy;
Apostasy.

 Related to Financial Matters: Ticket scalping

 Related to Political Matters: In general, most specifically political crimes are

necessarily victimless, as they by definition are against the body politic such as
Flag Desecration or expressing negative opinion of prominent national figure
(e.g. Turkey, North Korea); Public obscenity, though offense (damage) to others
is possible; Treason; High Crimes and Misdemeanors, and other abuses of
Political power that do not involve specific persons; Electoral fraud, where such
fraud does not involve the votes of specific persons

 Related to Self-Preservation and Public Safety: Suicide; attempted suicide;

euthanasia.