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    Criminal Law: Mala in Se ("Evil in Itself) - A Crime or An Act

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    Nikki Joelle Caberos
    Criminal law defines crimes, their nature, and punishment. It is distinguished from criminal procedure, which regulates the apprehension, prosecution, and conviction of accused individuals. Criminal law is substantive and prospective, unless favorable to the accused, while criminal procedure is remedial and retroactive. Criminal law is enacted by Congress while criminal procedure is promulgated by the judiciary. Criminal law covers acts that are inherently immoral like murder or those prohibited by statute. It is based on theories of free will and retribution for wrongful acts. The state has police power to define crimes and punishments.

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    Criminal Law: Mala in Se ("Evil in Itself) - A Crime or An Act

    Uploaded by

    Nikki Joelle Caberos
    52 views2 pages
    Criminal law defines crimes, their nature, and punishment. It is distinguished from criminal procedure, which regulates the apprehension, prosecution, and conviction of accused individuals. Criminal law is substantive and prospective, unless favorable to the accused, while criminal procedure is remedial and retroactive. Criminal law is enacted by Congress while criminal procedure is promulgated by the judiciary. Criminal law covers acts that are inherently immoral like murder or those prohibited by statute. It is based on theories of free will and retribution for wrongful acts. The state has police power to define crimes and punishments.

    Original Description:

    Criminal Law 1 and 2 Notes

    Original Title

    Criminal Law Memory Aid

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    Criminal law defines crimes, their nature, and punishment. It is distinguished from criminal procedure, which regulates the apprehension, prosecution, and conviction of accused individuals. Criminal law is substantive and prospective, unless favorable to the accused, while criminal procedure is remedial and retroactive. Criminal law is enacted by Congress while criminal procedure is promulgated by the judiciary. Criminal law covers acts that are inherently immoral like murder or those prohibited by statute. It is based on theories of free will and retribution for wrongful acts. The state has police power to define crimes and punishments.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    52 views2 pages

    Criminal Law: Mala in Se ("Evil in Itself) - A Crime or An Act

    Uploaded by

    Nikki Joelle Caberos
    Criminal law defines crimes, their nature, and punishment. It is distinguished from criminal procedure, which regulates the apprehension, prosecution, and conviction of accused individuals. Criminal law is substantive and prospective, unless favorable to the accused, while criminal procedure is remedial and retroactive. Criminal law is enacted by Congress while criminal procedure is promulgated by the judiciary. Criminal law covers acts that are inherently immoral like murder or those prohibited by statute. It is based on theories of free will and retribution for wrongful acts. The state has police power to define crimes and punishments.

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    © All Rights Reserved
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    of 2

    CRIMINAL LAW

    CRIMINAL LAW 1. Mala in se (“evil in itself) — A crime or an act


    that is inherently immoral, such as murder, arson,
    It is the branch or division of law which defines crimes, or rape.
    treats of their nature, and provides for their punishment. 2. Mala prohibita (“prohibited evil”) — An act that
    is a crime merely because it is prohibited by
    stature, although the act itself is not necessarily
    Distinctions between Criminal Law and Criminal immoral.
    Procedure
    It is really the nature of the act or omission that makes
    Criminal Law Criminal Procedure a crime either Malum in se or Malum prohibitum.
    As to Nature Three Theories in Criminal Law:
    It is substantive in It is remedial in character.
    character. 1. Classical or Juristic Theory
    It regulates the steps in the a. The basis of criminal liability is human free
    It defines crimes, treats of apprehension, prosecution, will and the purpose of the penalty is
    their nature, and provides and conviction of the accused retribution.
    for their punishment. if found guilty. b. Man is essentially a moral creature with an
    As to Application absolutely free will to choose between good
    Prospective, unless Retroactive; in favor of the and evil thereby placing more stress upon
    favorable to the accused, ends of substantial justice. the effect or result of the felonious act that
    provided that the accused upon the man, the criminal itself.
    is not a habitual c. It has been endeavored to
    delinquent.
    As to Who may Promulgate
    It is enacted by Congress. It is promulgated by the
    Judiciary.

    Terms

    1. Crime — a generic term that embraces any


    violation of the Revised Penal Code, special
    penal laws, and municipal or city ordinances.
    2. Felony — an act or omission violate of the
    Revised Penal Code, committed either
    intentionally or negligently.
    3. Offense — an act of omission violative of a
    special law, i.e. any law other than the Revised
    Penal Code.
    4. Misdemeanor — a minor infraction of law.

    Sources of Criminal Law

    1. The Revised Penal Code (Act No. 3815) and its


    amendments;
    2. Special Penal Laws passed by:
    a. Philippine Commission;
    b. Philippine Assembly
    c. Philippine Legislature;
    d. National Assembly;
    e. Congress of the Philippines; and the
    f. Batasang Pambansa; and
    3. Penal Presidential Decrees issued during the
    Martial Law

    Police Power as Basis

    The State has the authority, under police power, to define


    and punish and to lay down the rules of criminal procedure.

    Mala in se and Mala prohibita


    CRIMINAL LAW

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