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Refresher For Crim Law

Criminal law defines crimes and their punishment. It has several sources including the Revised Penal Code and special penal laws. Criminal law has limitations such as prohibiting ex post facto laws and bills of attainder. The accused have constitutional and statutory rights. Criminal law has three key characteristics: [1] It is generally binding on all in the Philippines. [2] It can try war crimes through military commissions. [3] It seeks to punish crimes committed within Philippine territory.

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61 views1 page

Refresher For Crim Law

Criminal law defines crimes and their punishment. It has several sources including the Revised Penal Code and special penal laws. Criminal law has limitations such as prohibiting ex post facto laws and bills of attainder. The accused have constitutional and statutory rights. Criminal law has three key characteristics: [1] It is generally binding on all in the Philippines. [2] It can try war crimes through military commissions. [3] It seeks to punish crimes committed within Philippine territory.

Uploaded by

Lou
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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REFRESHER / REVIEWER FOR CRIMINAL LAW

Definition to another prosecution for the


same offense.
Criminal Law is the branch or division of law
 Offenders accused of war
which defines crimes, treats of their nature, and
crimes are triable by military
provides for their punishment.
commission.
Sources  Exempted from the operation
of our criminal laws by virtue of
1. RPC the principles of international
2. Special Penal Laws law are: Sovereigns and other
3. Penal Pres. Decrees issued during chiefs of State; and
Martial Law Ambassadors, ministers,
plenipotentiary, ministers
Limitations
resident and charges d’affaires.
1. No ex post facto law or bill of attainder  A consul is not entitled to the
shall be enacted. privileges and immunities of an
2. No person shall be enacted to answer ambassador or minister.
for a criminal offense without due 2. Territorial – criminal laws undertake to
process of law. punish crimes committed within Phil.
Territory.
Constitutional Rights of the accused (see Art. III 3.
of the 1987 Constitution)

Statutory Rights of the accused (see Rule 115 of


the Rules of Court)

Characteristics of Criminal Law

1. General – binding on all persons who


live or sojourn in Phil. Territory.
 As a general rule, jurisdiction of
civil courts is not affected by
the military character of the
accused.
 Civil courts have concurrent
jurisdiction with general courts-
martial over soldiers of the AFP.
 The RPC or other penal law is
not applicable when a military
court takes cognizance of the
case.
 The prosecution of an accused
before a court-martial is a bar

1 Criminal Law I and II | MLMA

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