Crim Law Review
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ELMER P. BRABANTE
Elmer P. Brabante CRIMINAL LAW REVIEW for the 2011 Bar Exams Page 1
CRIMINAL LAW
I. Revised Penal Code / Special Laws, Presidential Decrees, and Executive Orders A. Book 1 (Articles 1-99, RPC, excluding provisions on civil liability), including related Special Laws 1. FUNDAMENTAL PRINCIPLES
Definition of Criminal Law
(1) Criminal law is that branch of municipal law which defines crimes, treats of their nature and provides for their punishment. (2) It is that branch of public substantive law which defines offenses and prescribes their penalties. It is substantive because it defines the state’s right to inflict punishment and the liability of the offenders. It is public law because it deals with the relation of the individual with the state. DIFFERENCE BETWEEN MALA IN SE AND MALA PROHIBITA Violations of the Revised Penal Code are referred to as malum in se, which literally means, that the act is inherently evil or bad or per se wrongful. On the other hand, violations of special laws are generally referred to as malum prohibitum. Note, however, that not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. Even if the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in se, and,
ELMER P. BRABANTE
Elmer P. Brabante CRIMINAL LAW REVIEW for the 2011 Bar Exams Page 1
CRIMINAL LAW
I. Revised Penal Code / Special Laws, Presidential Decrees, and Executive Orders A. Book 1 (Articles 1-99, RPC, excluding provisions on civil liability), including related Special Laws 1. FUNDAMENTAL PRINCIPLES
Definition of Criminal Law
(1) Criminal law is that branch of municipal law which defines crimes, treats of their nature and provides for their punishment. (2) It is that branch of public substantive law which defines offenses and prescribes their penalties. It is substantive because it defines the state’s right to inflict punishment and the liability of the offenders. It is public law because it deals with the relation of the individual with the state. DIFFERENCE BETWEEN MALA IN SE AND MALA PROHIBITA Violations of the Revised Penal Code are referred to as malum in se, which literally means, that the act is inherently evil or bad or per se wrongful. On the other hand, violations of special laws are generally referred to as malum prohibitum. Note, however, that not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. Even if the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in se, and,