7/25/2019 CRIMINAL LAW - Characteristics of Criminal Law -
Chapter 1
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CHARACTERISTICS OF CRIMINAL LAW
1. GENERAL
Persons exempt from the operation of
our criminal laws by virtue of theprinciples of public
international law:
a. Sovereigns and other chiefs ofstate
b. Ambassadors, ministersplenipotentiary, ministers
resident, and chages daaires! A consul is not entitled tothe
privileges andimmunities of anambassador or minister, butis sub"ect
to the laws andregulations of the countryto which he is
accredited.#$his is in the absence of atreaty to the contrary%
&&&'nternational (aw
). TERRITORIAL
*riminal laws underta+e to punishcrims committed within
Philippineterritory.
$he principle of territoriality means
that as a rule, penal laws of thePhilippines are enforceable
onlywithin its territory.
Article ) of the evised Penal *ode -
provisions of territoriality1% Shall be enforced outside of
the "urisdiction of the Pagainst those who:
1. Should commit anoense while on a Pship or airship
). Should forge orcounterfeit any coin orcurrency note of the
Por obligations andsecurities issued by thegovt of the P
/. Should be liable for actsc onnected with theintroduction into
the P
of the obligations andsecurities mentioned inthe preceding
number
0. hile being publico2cers or employees,should commit anoense in
the exercise oftheir functions
3. Should commit any ofthe crimes againstnational security and
thelaw of nations, de4ned in
$itle 5ne of 6oo+ $wo the evised Penal *od
Article 1 of the Philippine *onstituti
- 7ational $erritory
/. PROSPECTIVE- Article /88 of the P*, crimes are
punished under the laws in force at thetime of their
commission
9xceptions:
1% here the new law is expresmade inapplicable to pendinactions
or existing causes ofaction
)% here the oender is ahabitual criminal under $ule Article 8),
P*
ierent eects of repeal on penal
law:
1% 'f the repeal ma+es the penalighter in the new law, the nelaw
shall be applied, exceptwhen the oender is a habitudelin;uent or
when the newlaw is made not applicable topending action or
existingcauses of action.
)% 'f the new law imposes aheavier penalty, the law inforce at
the time of thecommission of the oense sh
be applied./% 'f the new law totally repeals
the existing law so that the awhich was penali
