Criminal Law Review Flashcards

Comprehensive vocabulary flashcards covering the key concepts, principles, classifications, and doctrines of Philippine Criminal Law.

Criminal Law

That branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

General Application

The characteristic of Criminal Law making it binding on all persons who reside or sojourn in Philippine territory.

Territorial Application

The characteristic of Criminal Law wherein it undertakes to punish crimes committed within the Philippine territory, including its atmosphere, interior waters, and maritime zone.

Prospective Application

The principle that a penal law cannot make an act punishable when committed, requiring that crimes be punished under the laws in force at the time of their commission.

Classical Theory

A criminal law theory holding that the basis of criminal liability is human free will, the purpose of penalty is retribution, and a mechanical proportion is established between crime and penalty with scant regard to the human element.

Positivist Theory

A criminal law theory asserting that crime is a social and natural phenomenon where man is subdued by a morbid phenomenon contrary to his volition, requiring individual investigation by psychiatrists and social scientists rather than fixed abstract penalties.

Felonies (Delitos)

Acts and omissions punishable by law under the Revised Penal Code.

Dolo (Deceit)

A means of committing a felony where the act is performed with deliberate intent, requiring freedom, intelligence, and intent.

Culpa (Fault)

A means of committing a felony where the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Error in Personae

A mistake in the identity of the victim that produces a result different from what the offender intended.

Aberratio Ictus

A mistake in the blow, occurring when the offender intends to inflict injury on one person but actually inflicts it on another.

Praeter Intentionem

A situation where the injurious result caused is greater than that intended by the offender, or where the act exceeds the intent.

Proximate Cause

That cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.

Impossible Crime

An act which would be an offense against persons or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.

Attempted Felony

A stage of execution when the offender commences the commission of a felony directly by overt acts and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than spontaneous desistance.

Frustrated Felony

A stage of execution when the offender performs all the acts of execution which would produce the felony as a consequence, but which nevertheless do not produce it by reason of causes independent of the will of the perpetrator.

Consummated Felony

A stage of execution when all the elements necessary for the execution and accomplishment of the felony are present.

Subjective Phase

That portion of the execution of the crime starting from the point where the offender begins to the point where they still retain control over their acts, including their natural course.

Objective Phase

That portion of the execution of the crime where the offender has no more control over their acts because all acts of execution have been performed.

Overt Act

A physical activity, more than mere planning or preparation, that evinces the intention of the offender to commit a particular felony.

Preparatory Acts

Initial acts of a person who has conceived the idea of committing a crime, but which cannot by themselves logically and necessarily ripen into a concrete offense.

Indeterminate Offense

An offense where the purpose of the offender in performing an act is not certain and its nature in relation to its objective is ambiguous.

Conspiracy

An agreement between two or more persons concerning the commission of a felony followed by a decision to commit it.

Proposal to Commit a Felony

An occurrence taking place when a person who has decided to commit a felony proposes its execution to some other person or persons.

Grave Felonies

Infractions to which the law attaches capital punishment or penalties that in any of their periods are afflictive, in accordance with Article 25 of the Revised Penal Code.

Less Grave Felonies

Offenses punished by law with penalties that in their maximum period are correctional, in accordance with Article 25 of the Revised Penal Code.

Light Felonies

Infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided.

Justifying Circumstances

Circumstances where the act of a person is in accordance with law, deeming them not to have transgressed the law and freeing them from both criminal and civil liability.

Exempting Circumstances

Circumstances where an agent commits a crime, but due to the complete absence of conditions constituting free will or voluntariness, no criminal liability arises, though civil liability remains.

Unlawful Aggression

An unjustified act sufficient to imperil one's life, limb, or right.

Mitigating Circumstances

Conditions attending the commission of a crime based on the diminution of freedom of action, intelligence, or intent, or on the lesser perversity of the offender.

Aggravating Circumstances

Factors based on the greater perversity of the offender manifested through motivating power, place of commission, means employed, time, or personal circumstances.

Recidivist

One who, at the time of their trial for one crime, has been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.

Treachery (Alevosia)

A circumstance wherein the offender employs means, methods, or forms in the execution of crimes against persons that directly and specially insure execution without risk arising from the defense the offended party might make.

Unlawful Entry

An entrance effected by a way not intended for that purpose.

Alternative Circumstances

Circumstances taken into consideration as either aggravating or mitigating according to the nature, effects, and conditions of the crime, consisting of relationship, intoxication, and the degree of instruction and education.

Habitual Drunkard

A person given to intoxication by excessive use of intoxicating drinks, characterized by an actual and confirmed habit, though not necessarily of daily occurrence.

Night Time

That period of darkness beginning at the end of dusk and ending at dawn (or from sunset to sunrise under the Civil Code).

Principal by Direct Participation

A principal who personally takes a direct part in the execution of the act constituting the crime.

Principal by Induction

A principal who directly forces or induces others to commit a crime, such as by irresistible force, uncontrollable fear, reward, or words of command.

Principal by Indispensable Cooperation

A principal who cooperates in the commission of the offense by performing another act without which the crime would not have been accomplished.

Accomplice

A person who, not being a principal, cooperates in the execution of the offense by previous or simultaneous acts supplying material or moral aid.

Accessory

A person who, having knowledge of the commission of the crime and without participating as a principal or accomplice, takes part subsequent to its commission by profiting, concealing/destroying the body or effects of the crime, or harboring/assisting the escape of the principal.

Fencing

Under PD 1612, the act of buying, receiving, possessing, keeping, acquiring, concealing, selling, or dealing in any article of value known or should be known to be derived from robbery or theft.

Subsidiary Penalty

A subsidiary personal liability suffered by a convict in lieu of unpaid pecuniary liabilities (reparation, indemnification, and fine) due to insolvency, at the rate of one day for each 8.00 pesos.

Accessory Penalty

A penalty that is deemed automatically included in the imposition of the principal penalty.

Delito Compuesto (Compound Crime)

A form of complex crime where a single act produces two or more grave or less grave felonies.

Delito Complejo (Complex Crime Proper)

A form of complex crime where an offense is a necessary means for committing another offense.

Habitual Delinquent

A person who, within a period of 10 years from the date of release or last conviction of serious or less serious physical injuries, robo, hurto, estafa, or falsification, is found guilty of any of said crimes a third time or oftener.

Three-fold Rule

A legal limitation providing that the maximum duration of a convict's sentence shall not exceed three times the length of time corresponding to the most severe sentence imposed, capped at a maximum of 40 years.

Degree

One unit penalty or one of the penalties enumerated in the graduated scales in Article 71 of the Revised Penal Code.

Period

One of the three equal portions of a divisible penalty, designated as minimum, medium, and maximum.

Complex Penalty

A penalty prescribed by law that is composed of three distinct penalties, each forming a period (minimum, medium, and maximum).

Mala In Se

Crimes that are inherently wrongful from their nature, wherein criminal intent governs and which are generally penalized under the Revised Penal Code.

Mala Prohibita

Acts that are wrongful merely because they are prohibited by statute or special laws, where criminal intent is not necessary and the only inquiry is whether the law was violated.

Motive

The moving power which impels an individual to action for a definite result.

Intent

The purpose to use a particular means to effect a definite result.

Imprudence

A deficiency of action resulting from a failure to take the necessary precautions once danger is foreseen.

Negligence

A deficiency of perception resulting from a failure to pay proper attention and use due diligence in foreseeing danger.