Created from Youtube video: https://www.youtube.com/watch?v=5TgTofHm1tkvideoConcepts covered:criminal law principles, acts and omissions, exceptions to prospectivity, external movements, required duties
Understanding the principles of criminal law is crucial, distinguishing between acts and omissions. Acts refer to external movements that violate the law, while omissions are failures to perform required duties. Exceptions to prospectivity include favorable changes in penalties and non-habitual delinquency.
Exemptions and Characteristics of Criminal Law
Concepts covered:Exemptions, Sovereigns, Ambassadors, Characteristics, Bill of Pains and Penalties
The chapter discusses the exemptions to the generality of criminal law, such as sovereigns, ambassadors, and ministers, while emphasizing that all individuals in the Philippines must adhere to criminal law provisions. It also highlights the characteristics of criminal law, including the distinction between Bill of Pains and Penalties and Bill of Attainder.
Question 1
Does criminal law apply to past actions?
Question 2
Who must follow the criminal law in the Philippines?
Question 3
What differentiates a Bill of Pains and Penalties from a Bill of Attainder?
Territoriality and Exceptions in Philippine Penal Laws
Concepts covered:Territoriality, Philippine penal laws, Exceptions, Philippine vessels, Counterfeiting Philippine currency
The chapter discusses the concept of territoriality in Philippine penal laws, emphasizing that laws apply within the national territory but have exceptions. It explains exceptions such as crimes committed on Philippine vessels, counterfeiting Philippine currency abroad, and acts by public officers outside the country.
Question 4
What is the general rule of territoriality?
Question 5
When do Philippine laws apply to public officers abroad?
Question 6
What rule applies to crimes on foreign merchant vessels in Philippine waters?
Exceptions to Territoriality and Generality in Philippine Law
Concepts covered:Exceptions to Territoriality, Exceptions to Generality, Revised Penal Code, Prospectivity Principle, Philippine Law
The chapter discusses exceptions to territoriality and generality in Philippine law, emphasizing how the Revised Penal Code applies to crimes committed within the Philippine Embassy, illustrating scenarios related to bigamy and jurisdiction. It also covers the prospectivity principle, highlighting that laws should not have retroactive effects and exceptions when the accused benefits from a new law.
Question 7
What must exist for an act to be a crime?
Question 8
What happens if a law is repealed and the penalty is lighter?
Question 9
How can felonies be committed?
Distinguishing Acts and Omissions in Criminal Law
Concepts covered:Criminal Law, Acts vs Omissions, Intentional Actions, Negligence, Legal Responsibilities
In Cebuano, the terms 'dinangag' and 'reckless' refer to being careless, with 'fault' or 'kolpa' denoting negligence. Conversely, 'deceit' or 'dolo' is used for intentional actions. Understanding the difference between acts and omissions is crucial in criminal law, where an act must be an overt external movement, while an omission is the failure to perform a duty required by law.
Question 10
What defines an act in criminal law?
Question 11
What abolishes crime according to logomacy?
Question 12
Is failing to pay taxes an omission?
Classification of Felonies by Means and Criminal Liability
Concepts covered:Classification of Felonies, Means of Committing Crimes, Criminal Liability, Error in Person, Impossible Crime
The chapter discusses the classification of felonies based on the means by which they are committed, such as intentional felonies through deceit or dolo, and culpable felonies through fault or negligence. It also delves into criminal liability scenarios where the intended felony differs from the one committed, exploring concepts like error in person, aberration ictus, and pretor intentionem.
Question 13
What is criminal liability for unintended felonies?
Question 14
What differentiates culpable felonies from intentional felonies?
Question 15
What is an example of a culpable felony?
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