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Criminal Jurisprudence and Procedure
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  • Course
  • CRIMINAL PROCEDURE
  • Institution
  • CRIMINAL PROCEDURE

The Board of Examiners for Criminologists in the Philippines is created for the purpose of regulating the practice of Criminology.It has the power to issue, suspend, or revoke certificate of registration for the practice of criminology and to administer oath.All applicants for registration as crimi...

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  • May 8, 2024
  • 41
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

Subjects

  • criminal jurisprudence and procedure

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  • CRIMINAL PROCEDURE
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Criminal Jurisprudence and Procedure
The Board of Examiners for Criminologists in the Philippines is created for the purpose of regulating the practice of
Criminology.It has the power to issue, suspend, or revoke certificate of registration for the practice of criminology
and to administer oath.All applicants for registration as criminologists shall be required to undergo and
examination.

The examination shall be in writing and shall cover the following subjects with their respective relative weights.




Subjects Relative Weight

Criminal Jurisprudence and Procedure 20%

Law Enforcement Administration 20%

Correctional Administration 15%

Criminalistics 20%

Criminal Sociology 15%

Ethics and Human Relations 10%



Criminal Jurisprudence and Procedure is further subdivided into:

1. Criminal Law 1 - Study of the Revised Penal Code book 1,

special criminal statutes, Presidential Decrees, and

Letters of Instructions.

2. Criminal Law 2 - Study of the Revised Penal Code book 2

3. Criminal Procedure - Study of the Rules of Court and Criminal

Procedure covering the law on arrest, search and

seizure, Preliminary Investigation and the granting of bail to an

accused person; Rights of the accused person

during the trial and the manner of prosecution of criminal

offenses; Procedures in arraignment and trial and

discharge of one of several defendants as state witness; Rules

governing arrest without warrant and the use of

, firearms in case of resistance to an arrest; Study of court

decisions regarding arrest and search and seizure.

4. Criminal Evidence - Study of the fundamental principle of

criminal evidence as embodied in the rules of court.



Civil Law

1. Filed by a private party.

a corporation

an individual person

2. Penalty: a guilty defendant pays the plaintiff for

losses caused by their actions.

no incarceration

Crimes are divided into 2 classes

1. Misdemeanors - less than one year of incarceration

2. Felonies - sentence of one year or more.



During the times of the Romans, a criminal charge meant presenting the case before the public.Both the person
accused of the crime and the accuser would give speeches based on their side of the story.The individual with the
best argumentation would determine the outcome of the case.



Criminal Law

1. Filed by the government

2. Penalty: a guilty defendant is punished by

incarceration in jail or prison

fine paid to the government

execution (death penalty)



Criminal law RPC (Book 1)



Criminal Law - a branch of municipal law which defines crimes,

,treats of their nature and provides for their punishment.



Characteristics of Criminal Law

1. General 2. Territorial 3. Prospective



General - binding on all persons who reside or sojourn in the

Philippines.

Exceptions:

1. Treaty Stipulation

2. Laws of Preferential Application

3. Principles of Public International Law

ex. 1. Sovereigns and other chief of state

2. Ambassadors, Minister resident, and

charges d' affaires



Note: Consuls, Vice Consuls, and other foreign

commercial representatives can not claim the

privileges and immunities accorded to

ambassadors and ministers.



Territorial - Penal laws of the Philippines are enforceable only

within its territory.

Exception: Art. 2 of the RPC - binding even on

crimes committed outside the Philippines.

1. Offenses committed while on a Philippine ship

or airship.

2. Forging or counterfeiting any coin or currency

note of the Philippines or obligations and

securities issued by the government.

, 3. Introduction into the country of the above

mentioned obligations and securities.

4. While being public officers and employees, an

offense is committed in the exercise of their

functions.

5. Crimes against the National Security and the Law

of the Nations.



Prospective - The law does not have any retroactive effect.

Exception: When the law is favorable to the

accused.



Exception to the Exception:

1. The New Law is expressly made inapplicable

to pending actions or existing causes of

action.

2. Offender is a habitual criminal.



Theories of Criminal Law

1. Classical Theory - basis is man's free will to choose between

good and evil, that is why more stress is placed upon the

result of the felonious act than upon the criminal himself. The

purpose of penalty is retribution. The RPC is generally

governed by this theory.



2. Positivist Theory - basis is the sum of social and economic

phenomena which conditions man to do wrong in spite of or

contrary to his volition. This is exemplified in the provisions

on impossible crimes and habitual delinquency.

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