CRIM 1 - INTRODUCTION TO CRIMINOLOGY  He is best known for his essay “ON CRIMES

AND PUNISHMENT” (1764)

EARLY EXPLANATION TO THE EXISTENCE  It is a treaties on legal reform that is widely
OF CRIMINALITY considered as one of the founding texts of
Classical Criminology, proposing many
1.CRIME IS CAUSED BY DEMON reforms to the criminal justice system which
Accordingly, men commit anti social acts we now take for granted, in particular:
because the demon, spirits, or some form the 1. the prompt administration of clearly
“other world” instructed or pushed them to do so. prescribed and consistent punishment
2. Well-publicized laws made by the
2.CRIME IS CAUSED BY DIVINE WILL legislature rather than individual courts
Men manifest criminal behavior because they or judges
are sinful so God wants to punish them. During 3. Abolition of torture in prisons
the ancient period criminals are given the right of 4. The use of the penal system to deter
sanctuary whereby they can seek refuge in the would-be offenders, rather than simply
temples of God so that they will be free from punishing those convicted.
prosecution and punishment.
BECCARIA BELIEVED THAT:
3.CLASSICAL SCHOOL
4.NEO-CLASSICAL SCHOOL a. people want to achieve pleasure and avoid
POSITIVIST SCHOOL pain.
b. crime provides some pleasure to the criminal.
CRIMINOLOGY SCHOOL OF THOUGHTS c. to deter crime, he believed that one must
SCHOOLS OF THOUGHT administer pain in an appropriate amount to
counterbalance the pleasure obtained from
 A school of thought is a point of view held by committing a crime.
a particular group or belief or system of d. Famous in sayings “Let the punishment fit
belief accepted as authoritative by some the crime”
group of school
 Each school of criminology explains crime in HIGHLIGHTS OF CESARE BECCARIA’S
its own manner and suggests punishment IDEAS REGARDING CRIMES AND THE
and measures which suits its ideology CRIMINAL JUSTICE SYSTEM
 Each school represents the social attitude of
people towards crime in a given time 1. In forming a human society, men and
women sacrifice a portion of their liberty so
THE CLASSICAL SCHOOL OF as to enjoy peace and security.
CRIMINOLOGY 2. Punishments that go beyond the need of
FOUNDER: preserving the public safety are in their
nature unjust.
CESSARE BECCARIA (Cesare Bonesara 3. Criminal laws must be clear and certain.
Marchese de Beccaria) Judges must make uniform judgments in
JEREMY BENTHAM similar crimes.
4. The law must specify the degree of evidence
 The basis of criminal liability is human free that will justify the detention of an accused
will and the purpose of penalty is retribution. offender prior to his trial.
 That the man is essentially a moral creature 5. Accusations must be public. False
with an absolute free will to choose good accusations should be severely punished.
and evil, thereby placing more stress upon 6. To torture accused offenders to obtain a
the effects or result of the felonious act that confession is
upon the criminal himself. 7. inadmissible.
 This school of thought is based on the 8. The promptitude of punishment is one of the
assumption that individuals choose to most effective curbs on crimes.
commit crimes after weighing the 9. The aim of punishment can only be to
consequences of their action. prevent the criminal from committing new
 Fear of punishment can deter them from crimes against his countrymen, and to keep
committing a crime and society can control others from doing likewise. Punishments,
behavior by making the pain or punishment therefore, and the method of inflicting them,
greater than the please of criminal gains. should be chosen in due proportion to the
crime, so as to make the most lasting
CESARE BECCARIA (CESARE BONESANA impression on the minds of men.
MARCHESE DI BECCARIA) (1738-1794) 10. Capital punishment is inefficacious and its
place should be substituted by life
 imprisonment.
11. It is better to prevent crimes than to punish B.SPECIFIC DETERRENCE - A crime control
them. That is the chief purpose of all good policy proposing that punishment be severe
legislation. enough to convince convicted offenders never to
repeat their criminal activity.
JEREMY BENTHAM (1748-1832)
THREE (3) CHARACTERISTICS OF AN
 His contribution to classical school of EFECTIVE DETTERENT (CE- SE – CE)
criminology is the concept of utilitarianism
and the felicific calculus. 1. CELERITY OR SWIFTNESS - the rapidity
 He reasoned that in order to deter with which punishment follows a crime.
individuals from committing crimes, the 2. SEVERITY - the complexity or
punishment or pain must be greater than the unpleasantness of a sanction.
satisfaction or pleasure he would gain from 3. CERTAINTY - the likelihood that a crime will
committing the crime be detected and punished.

Utilitarianism RATIONAL CHOICE THEORY BY WILLIAM

 – It is a philosophy which argues that what is GLASSER
right is the one that would cause the
greatest good for the greatest number of  It states that individuals use rational
people. calculations to make rational choices and
 -Others refer to it as the greatest happiness achieve outcomes that are aligned with their
principle or the principle of utility. own personal objectives. These results are
 -From this principle, Bentham formulated the also associated with an individual’s best,
“felicific calculus”. self-interests.

Felicific Calculus or the “pleasure and pain  It is also known as Choice Theory or
principle” Rational Action Theory. It is a framework for
 It is a theory that proposes that individuals understanding and often formally modeling
calculate the consequences of his actions by social and economic behavior.
weighing the pleasure (gain) and the pain
(suffering) he would derive from doing the
action.
ROUTINE ACTIVITY THEORY BY MARCUS
Panopticon Prison FELSON AND LAURENCE E. COHEN
 is a type of institutional building and a
system of control designed by the English It emphasizes that crime occurs when
philosopher and social theorist Jeremy three elements converge:
Bentham in the 18th century. The concept of 1. a motivated offender;
the design is to allow all prisoners of an 2. a suitable target; and
institution to be observed by a single 3. the absence of a capable guardian.
security guard, without the inmates being
able to tell whether they are being watched. This theory includes the routine activities of both
offender and victim.
MODERN OUTGROWTHS OF CLASSICAL
SCHOOL It is a sub-field of crime opportunity theory that
focuses on situations of crimes. In this theory
Rational Choice Theory, Routine Activities “opportunity and vulnerability” are the reasons of
Theory, General Deterrence Theory, Specific crime.
Deterrence, Incapacitation
THE NEO-CLASSICAL SCHOOL OF
DETERRENCE - the prevention of a certain act CRIMINOLOGY
or acts (such as a crime) through fear of
punishment. The neo-classical school of criminology argued
that situations or circumstances that made it
A. GENERAL DETERRENCE - A crime control impossible to exercise freewill are reasons to
policy that hinges on the fear of criminal exempt the accused from conviction. This school
penalties. General deterrence measures, such of thought maintains that while the classical
as long prison sentences for violent crimes, are doctrine is correct in general, it should be
aimed at convincing the potential law violator MODIFIED in certain details, that children and
that the pains associated with crime outweigh its lunatics should not be regarded as criminals and
benefits. free from punishment, it must take into account
certain mitigating circumstances. criminal tendencies such as measurement of
cheek bones, hairline and clef palate.
THE POSITIVIST/ITALIAN SCHOOL (1838 –  THE CRIMINAL MAN (1876) – This criminal
1909) man evolved from the autopsy performed by
FOUNDER: Lombroso in which he recognized the
Cesare Lombroso and his two students, Enrico following stigmata indicative of criminal
Ferri and Rafaele Garofalo tendencies
 THE FEMALE OFFENDER (1901) –
 That the man is occasionally subdued by According to the study of Lombroso, he
strange and morbid phenomenon, which noted that most women are not criminal,
contains him to do wrong, inspite or contrary however, they are most often occasional
to his volition. criminals but, some women are atavistic
 It maintained that crime as any other act is a criminals.
natural phenomenon and is comparable to
disaster or calamity. CLASSIFICATIONS OF CRIMINALS BY
 That crime as a social and moral LOMBROSO
phenomenon which cannot be treated and 1.Born Criminals – there are born criminals
checked by the imposition of punishment but according to Lombroso, the belief that being
rather rehabilitation or the enforcement of criminal behavior is inherited.
individual measures ATAVISM - The return of a trait or reappearance
 The term “POSITIVISM” refers to a method of previous behavior after a period of absence.
of analysis based on the collection of ATAVISTIC ANOMALY - physically, their
observable scientific facts. resemblances on the evolutionary scale to more
 Positivists believe that causes of behavior primitive times where people were savages.
can be measured and observed.
 It demands for facts and scientific proof, thus, 2. Insane Criminals – are those who commit
changing the study of crimes and criminals crime due to abnormalities or psychological
into scientific approach. disorders. They should be exempted from
 Positive theorists were the first to claim the criminal liability.
importance of looking at individuals’
differences among criminals. These theorists 3. Criminaloid – a person who commits
who concentrated on the individual crime due to less physical stamina/self control.
structures of persons stated that people are
passive and controlled whose behaviors are Types Of Criminaloids:
imposed upon them by biological and i. Habitual Criminals -
environmental factors. ii. Criminal by Passion – hot headed,
impulsive person, great emotions like fit of
EZCHIA MARCO “CESARE” LOMBROSO/ anger.
CESARE LOMBROSO (1836 – 1909) iii. Juridical Criminals – violates the law by
accident
 He is recognized as the “Father of Modern
and Empirical Criminology” due to his 4. Occasional Criminal – are those who
application of modern scientific methods to commit crime due to insignificant reasons that
trace criminal behavior. However, most of pushed them to do at a given occasion.
his ideas are now discredited. 5. Pseudo-criminals – are those who kill in self-
 Known for the concept of atavistic stigmata defense.
(the physical features of creatures at an
earlier stage of development). ENRICO FERRI (1856 – 1929)
 He claimed that criminals are distinguishable  He focused his study on the influences of
from non-criminals due to the presence of psychological factors and sociological
atavistic stigmata and crimes committed by factors such as ECONOMICS ON CRIMES.
those who are born with certain recognizable  He believed that criminals could not be held
heredity traits. morally responsible because they did not
 Lombroso’s work supported the idea that choose to commit crimes but rather were
a criminal is a biologically and physically driven to commit crimes by conditions of
inferior person. their lives.
 He wrote the essay entitled “CRIME: Its  Advocated the “Theory of Imputability and
Causes and Remedies” that contains his key the Denial of the Free Will” in 1878.
ideas and the classifications of criminals.
RAFFAELE GAROFALO ( 1852 – 1934)
 Founded criminal anthropology suggesting
that physiological trait is indicative of  Raffaele Garofalo ( 1852 – 1934) – Another
 follower of Lombroso, an Italian nobleman, whole. It is primarily based on the examination
magistrate, senator, and professor of law. of the relationship of demographic and group
Like Lombroso and Ferri, he rejected the variables to crime. Variables such as
doctrine of free will and supported the socioeconomic status, interpersonal
position that the only way to understand relationships, age, race, gender, and cultural
crime was to study it by scientific methods. groups of people are probed in relation to the
Influenced on Lombroso’s theory of atavistic environmental factors that are most conducive to
stigmata (man’s inferior/ animalistic criminal action, such as time, place, and
behavior), he traced the roots of criminal circumstances surrounding the crime.
behavior not to physical features but to their
psychological equivalents, which he called Psychological Criminology – the science of
“MORAL ANOMALIES”. behavior and mental processes of the criminal. It
is focused on the individual criminal behavior-
TYPES OF CRIMINALS BY GAROFALO how it is acquired, evoked, maintained, and
modified. Both the environmental and
1.MURDERERS personality influences are considered, along with
those who are satisfied from vengeance/revenge the mental processes that mediate the behavior.

2.VIOLENT CRIMINALS Psychiatric Criminology – the science that

those who commit very serious crimes deals with the study of crime through forensic
psychiatry, the study of criminal behavior in
3.DEFFICIENT CRIMINALS terms of motives and drives that strongly relies
those who commit crimes against property on the individual. (Psychoanalytic Theory -
Sigmund Freud – traditional view). It also
4.LASCIVIOUS CRIMINALS explains that criminals are acting out of
those who commit crimes against chastity and uncontrollable animalistic, unconscious, or
other sexual crimes. biological urges (modern view).

CRIMINOLOGY SCOPE AND DIVISION OF THE STUDY OF

 In its broadest sense, criminology is the CRIMINOLOGY
entire body of knowledge regarding crimes,
criminals, and the effort of the society to A. THE MAKING OF LAWS
prevent and repress them. This pertains to the examination of the nature of
 In a narrower sense, criminology is the and structure of laws
scientific study of crimes and criminals.
B. THE BREAKING OF LAWS
It also refers to the scientific study of crimes, This pertains to the examination of the reasons
criminals, and victims. It also deals with the of crime causation which primarily deals to
prevention, and solution of crimes. (R.A. 11131) answer issues despite the presence of laws
people still commit crimes.
CRIMINOLOGY
 Criminology is a body of knowledge C. REACTION TOWARDS THE BREAKING OF
regarding delinquency and crime as a social LAWS
phenomenon (Tradio, 1999). It may also This pertains to the study of how people, the
refer to the study of crimes and criminals criminal, and the government reacts towards the
and the attempt of analyzing scientifically breaking of laws because the reactions
their causes and control and the treatment of necessarily bring light to the development of
criminals. modern measures to treat criminal offenders at
the same time the reaction maybe contributory
 Criminology is a multidisciplinary study of to criminality.
crimes (Bartol, 1995). This means that many
disciplines are involved in the collection of ORIGIN OF THE WORD “CRIMINOLOGY”
knowledge about criminal action, including,
psychology, sociology, anthropology, biology,  Etymologically, the term criminology came
neurology, political science and economics. from the Latin word “crimen” meaning crime
 But over the years, SOCIOLOGY, and Greek word “Logos” which means “to
PSYCHOLOGY, AND PSYCHIATRY have study”.
dominated the study of crime.  In 1885, Rafael Garofalo, an Italian Law
Professor coined the term “criminologia”.
SUB-FIELDS OF CRIMINOLOGY  In 1889, Paul Topinard, French
Sociological Criminology – the study of crime Anthropologist, used the term criminology in
focused on the group of people and society as a French “criminologie” for the first time.
 According to George Wilker, criminology cannot
Sociology – It is the mother discipline of become a science because it has not yet
Criminology. It is the study of human society, its acquired universal validity.
origin, structure, functions and direction.
Edwin H. Sutherland, the “Dean of Modern
SCOPE OF THE STUDY OF Criminology”, hoped that it will become a
CRIMINOLOGY/PRINCIPAL DIVISIONS OF science in the future since the causes of crimes
CRIMINOLOGY are almost the same which may be biological,
Criminal Behavior or Criminal Etiology environmental or combination of the two.
The scientific analysis of the causes of crime;
OBJECT OF INTEREST IN CRIMINOLOGY
Sociology of Law
The study of law and its application; The four major object of interest in criminology
are:
Penology or Correction
The study that deals with punishment and the •CRIMES (CRIMINAL ACTS)
treatment of criminals; •CRIMINALS (PERPETRATORS OF CRIME)
•CRIMINAL BEHAVIOR
Criminalistics or Forensic Science •VICTIMOLOGY (STUDY OF VICTIMS)
One more area of concern in crime detection and
investigation. CRIME

CRIME
Crime may be defined as:
 An act or omission in violation of a criminal
law in its legal point of view.
 An anti-social act; an act that is injurious,
detrimental or harmful to the norms of
society; they are the unacceptable acts in its
social definition.
 Psychologically, crime is an act, which is
considered undesirable due to behavioral
maladjustment of the offender; acts that are
NATURE OF CRIMINOLOGY caused by maladaptive or abnormal
Understanding crime is as complex as other behaviors.
fields of interest. It requires therefore a
systematic and balanced knowledge in the ESSENTIAL ELEMENTS OF CRIME/ TRIAD
examination of why they exist. In this sense, OF CRIME
criminology is:
1.Desire – It is what induces or pushes the
An Applied Science – Anthropology, person to commit crime.
psychology, sociology and other natural
sciences may be applied in the study of the 2.Opportunity – This refers to the physical
causes of crime while chemistry, medicine, possibility that the crime could have been
physics, mathematics, etc. maybe utilized in committed.
crime detection.
3.Capability – It is the ability of the person to
A Social Science – Inasmuch as crime is a execute the acts or omission punishable by law.
societal creation and that it exists in a society, its
study must be considered a part of social According to Abrahamsen in his book entitled,
science. “Crime and Human Mind” in 1945, he explained
the causes of crime by this formula:
Dynamic – Criminology changes as social
condition changes. That means the progress of C=T+S
criminology is concordant with the advancement R
of other sciences that have been applied to it. Where:
C-Crime (ACT)
Nationalistic – The study of crime must always T-Tendency (DESIRE/INTENT)
be in relation with the existing criminal law with S-Situation (OPPORTUNITY)
in the territory. R-Resistance to Temptation (CONTROL)

IS CRIMINOLOGY A SCIENCE? WHEN DOES CRIME EXIST?

 •In the legal viewpoint, crime exists when the negligence, lack of foresight, or lack of skill.
court has proved the guilty.
 •In the scientific point of view, crime exists REQUISITES of FAULT
when it is reported. This is more realistic but  Criminal negligence - that is, the crime was
not all reported cases are with the sound the result of negligence, reckless
basis of true happening, some of them are imprudence, lack of foresight or lack of skill;
also unfounded.  Freedom of action
 Intelligence
SOME DISTICTIONS
BETWEEN CRIME AND SIN III. ACCORDING TO THE STAGES IN THE
Crime is an act or omission against the penal COMMISSION:
law of a state while Sin is an act or omission
against the spiritual or divine law. 1. Formal Crimes
Formal crimes are crimes, which are
BETWEEN CRIME AND IMMORALITY consummated in one instance (Adultery)
1.Crime is committed against the law of state
while Immorality is committed against the 2. Material Felonies
unwritten social norms in a locality. Those that have various stages of execution
2.Crime is fixed by statute, while immorality is (Homicide)
not
Crime is nationalistic while immorality is 3. Crimes which have NO FRUSTRATED
regionalistic STAGE
The essence of the crime is the act itself; (Rape)
CLASSIFICATION OF CRIMES
A. CONSUMMATED FELONY
LEGAL CLASSIFICATIONS:  When all the elements necessary for its
execution are present.
I. ACCORDING TO LAW VIOLATED:  The felony is produced

FELONY - The term felony is limited only to B. FRUSTRATED FELONY

violations of the Revised Penal Code. When the  When the offender performs all the acts of
crime is punishable under a special law you do execution;
not refer to this as a felony.  All the acts performed would produce
the felony as a consequence;
OFFENSE - A crime punished under a special  The felony is not produced;
law is called a statutory offense.  By reason of causes independent of the will
of the perpetrator.
MISDEMEANOR - A minor infraction of the C. ATTEMPTED FELONY
law, such as a violation of an ordinance.  When the offender commences the
commission of a felony directly by overt acts;
CRIME - Whether the wrongdoing is punished  He does not perform all the acts of execution
under the Revised Penal Code or under a which should produce the felony;
special law, the generic word “crime” can be  By reason of some cause or accident other
used. than his own spontaneous desistance;

II. ACCORDING TO THE MANNER OF IV. ACCORDING TO THEIR GRAVITY

COMMITTING CRIME:
Grave felonies or those to which attaches the
A. By means of dolo or deceit – the act is capital punishment or penalties which in any of
performed with deliberate intent their periods are afflictive;

REQUISITES of DOLO Afflictive penalties include:

 •Criminal intent; (Mitigating Circumstance) Reclusion Perpetua, Reclusion Temporal,
- No Intention to Commit so Grave a Wrong Perpetual or Temporary Absolute
(Praeter Intentionem). Disqualification, Perpetual or Temporary Special
 •Freedom of action; (Justifying Disqualification, and Prision Mayor
Circumstance) - State of Necessity.
 •Intelligence (Exempting Circumstance) - Less grave felonies or those to which the law
Imbecility or Insanity. punishes with penalties which in their maximum
period is correctional;
B. By means of culpa or fault - when the Correctional penalties include: Prision
wrongful act results from imprudence, Correccional, Arresto Mayor, Suspension, and
Destierro VI. ACCORDING TO THE NATURE OF THE
ACT:
Light felonies or those infractions of law for the
commission of which the penalty is arresto Mala in se
menor. An act, by its very nature, is inherently and
morally wrong; it should be done with criminal
Light penalties: Those infractions of law for the intent.
commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos, or Malum prohibitum
both is provided. Art. 9, par. 3, RPC An act is wrong only because there is a law
punishing it. It is enough that the prohibited act
V. AS TO COUNT was voluntarily committed and need not be
committed with malice or criminal intent to be
PLURALITY OF CRIMES punishable.
Consists in the successive execution by the
same individual of different criminal acts upon
any of which no conviction has yet been
declared.

COMPLEX CRIMES:
1.COMPOUND CRIME - When a single act
results in two or more grave or less grave
felonies
2.COMPLEX CRIME PROPER - When
an offense is a necessary means for committing
the other.

Special Complex/Composite Crimes

LEGAL CLASSIFICATION OF CRIMES
The substance is made up of more than one
UNDER THE LAW, CRIMES ARE CLASSIFIED
crime but which in the eyes of the law is only a
AS:
single indivisible offense. All those acts done in
pursuance of the crime agreed upon are acts
Crimes against National Security and the
which constitute a single crime.
Law of Nations
Example – Treason, Espionage, Piracy
Special Complex Crimes
•Robbery with Homicide (Art. 294 (1))
Crimes against the Fundamental Law of the
•Robbery with Rape (Art. 294 (2))
State. Example – Arbitrary Detention, Violation
•Kidnapping with serious physical injuries (Art.
of Domicile
267 (3))
•Rape with Homicide (Art. 335)
Crimes against Public Order.
Example – Rebellion, Sedition, Coup d’tat
CONTINUED CRIME
A continuous, unlawful act or series of acts set
Crimes against Public Interest.
on foot by a single impulse and operated by an
Example – Forgery,
unintermittent force, however long a time it may
occupy.
Falsification, Fraud Crimes against Public
EXAMPLE: Juan steals 2 books belonging to 2
Morals
different persons. He commits only one crime
Example – Gambling and betting, offences
because there is unity of thought in the criminal
against decency and good customs like
purpose of the offender
scandals, obscenity, vagrancy, and prostitution
CONTINUING CRIME
Crimes Committed by Public Officers
The term used in criminal procedure to denote
Example – Malfeasance and Misfeasance
that a certain crime may be prosecuted and tried
not only before the court of the place where it
Crimes against Person
was originally committed or began, but also
Example – Murder, Rape, Physical Injuries
before the court of the place where the crime
was continued.
Crimes against Properties
The term is used in criminal procedure when any
Example – Robbery, Theft
of the material ingredients of the crime was
committed in different places.
Crimes against Personal Liberty and Security
Example – Illegal Detention, Kidnapping,
Trespass to Dwelling, Threat and Coercion Rational crimes- are those committed
with intent;
Crimes against Chastity offender is in full possession of his mental
Example – Concubinage, Adultery, Seduction, faculties
Abduction, Acts of Lasciviousness capabilities while;

Crimes against Civil Status of Persons Irrational crimes- are committed without intent;
Example – Bigamy and Other Illegal Marriages offender does not know the nature of his act.

Crimes against Honor ACCORDING TO PROFESSION

Example – Libel, Oral Defamation White Collar Crimes- are those committed by a
person of responsibility and of upper socio-
Quasi-offenses or Criminal Negligence economic class in the course of their
Example – Imprudence and Negligence occupational activities.

CRIMINOLOGICAL CLASSIFICATION OF Blue Collar Crimes- are those committed by

CRIME ordinary professionals to maintain their
livelihood.
Crimes are classified in order to focus a better
understanding on their existence. Criminologists ACCORDING TO SOCIAL CLASS
consider the following as criminological
classification of crimes Upper World Crimes- are those committed by
individuals belonging to the upper class of
ACCORDING TO EFFECTS OF CRIME society.

Acquisitive Crime- is one which when

committed, the offender acquires something as Under World Crimes- are committed by
a consequence of his criminal act. members of the lower or under privilege class of
society.
Extinctive Crime- when the result of
criminal act is ACCORDING TO EXTERNAL FACTORS
destruction.
Crimes by Imitation- are crimes committed by
ACCORDING TO EVENTS OR SEASON merely duplication of what was done by others.

Seasonal Crimes- are those that are committed Crimes by Passion- are crimes committed
only at certain period of the year because of the fit of great emotions.

Situational Crimes- are those that are Service Crimes - Service Crime refers to crimes
committed only when given a situation committed through rendition of a service
conducive to its commission. to satisfy desire of another.

ACCORDING TO LENGTH OF TIME CRIMES OF THE MODERN WORLD

Episodic Crimes- are serial crimes; they are TRANSNATIONAL CRIMES

committed by series of act within a lengthy Is an offense that has an international dimension
space of time. and implies crossing at least one national border
before, during or after the fact. This include but
Instant Crimes- are those that are committed not limited to illegal drug trafficking, money
the shortest possible time. laundering, terrorism, arm smuggling, piracy,
kidnapping, trafficking in persons, and cyber
ACCORDING PLACE OF EXECUTION crimes. Most of these crimes falling under this
category reflect connection with organized and
Static Crimes- are crimes that are committed white-collar criminals.
only in one place.
ORGANIZED CRIMES
Continuing Crimes- are crimes that are An organized Crime is a criminal activity by an
committed in several places. enduring structure or organization developed
and devoted primarily to the pursuit of profits
ACCORDING TO DEGREE OF SANITY through illegal means.
OFFENDER
WHITE COLLAR CRIMES
Edwin Sutherland defined white-collar crime as psychologists, and the like are included here.
criminal acts committed by a person of
respectability and high social status in the Individual Occupational Crime - crimes by
course of his or her occupation individuals as individuals which include income
tax evasion, theft of goods and services by
5 BASIC ELEMENTS OF WHITE COLLAR employees, the filing of false expense report,
CRIME and the like.

1. INTENT - offender’s awareness that the

activities are wrong or illegal THE CONVENTIONAL CRIMES
 Conventional crimes are those traditional,
2. DISGUISE OF PURPOSE – refers to the illegal behaviors that most people think of as
offenders conduct while carrying out the scheme crime.
 Conventional crimes are groups of crimes
3. RELIANCE ON THE VICTIM’S IGNORANCE categorized as violent crimes (index crimes)
– means that the victim is unable to see that he and property crimes.
or she is being deceived
Violent Crimes - Violent crimes are criminal
4. VOLUNTARY ASSISTANCE FROM THE acts, which in the threat of or actual physical
VICTIM – may refer to the actions on part of an harm by an offender to a victim.
actual victim who is to be defrauded of money or
property. Violent acts are in the forms of:
Interpersonal Violence - Forcible Rape. Murder,
5.CONCEALMENT – is the goal of white-collar Serious Assault, Family Violence, Robbery
criminals to cover-up their criminal activities. Political Violence - Terrorism
Collective Violence - Riots, Mobs, Crowds,
Forms of White Collar Crimes Urban Violence

Corporate crimes - the violation of a criminal Property Crimes - are crimes of economic
statute either by a corporate entity or by its interest. It includes those crimes that would most
executives, employees or agents, acting on commonly be categorized as theft in ordinary
behalf of and for the benefit of the corporation, language
partnership or other business entity.
Occasional Property Crimes - Shoplifting,
Environmental crimes - violation of criminal Vandalism, Motor vehicle theft, Check Forgery
law which, although typically committed by Conventional Property Crimes -
businesses or by business officials, may also be Burglary/unlawful entry to commit theft, Fence,
committed by other persons or organizational Larceny/Theft
entities, and which damage some protected or
otherwise significant aspect of the natural Violent Crimes (Index Crimes)
environment. •Murder – is the unlawful killing of human being
with malice and with the “act of violence”.
Occupational crimes - any act punishable by Serial Murder – an act involving killing of
law, which is committed through opportunity several victims in three or more separate
created in the course of an occupation that is incidents over a week, a month or year.
legal. Mass Murder – it is the killing of four or more
victims at one location with one event.
Organizational Occupational Crime - crimes Spree Murder – the killing of in two or more
committed for the benefit of the entire locations with almost no time break between
organization in such instances only the murders.
organization or the employer, not individual •Homicide and Assault
employees. •Robbery
•Family Violence
State Authority Occupational Crime - crimes •Child Abuse – an attack or assault of an adult
by officials through the exercise of their state- against the defenseless or people who cannot
based authority. Such crime is occupation defend themselves, usually by a parent to a
specific, and can only be committed by person in child.
public office or by working for such persons. •Spouse Abuse – “husband vs wife battering”

Professional Occupational Crime - crimes by Types of Violent Offenders

professionals in their capacity as professionals.
The crimes of physicians, attorneys, Culturally Violent Offenders – those who
live in cultures which violence is an an underage minor
acceptable problem mechanism. female and an adult male.

Criminally Violent Offenders – those who use Categories of Rapists

violence as a means to accomplish criminal acts.
a) Naïve Graspers – Sexually inexperienced
Pathological Violent Offenders – those who youths who possess an unrealistic conception of
commit violent crimes due to mental female erotic arousal. Awkward in relating to the
disturbances. opposite sex, they hold high expectations that
their cute advances will be met with affection by
Situational Violent Offenders – those who their victims.
commit acts of violence on rare occasions, often
under provocations. They are the criminals “by b) Meaning Stretchers – An offender
passion”. misinterprets woman’s expressions of
friendliness and affection as indicating that the
Rape female desire continues even when she says no.
“Rape Trauma Syndrome” – refers to the
adverse psychological impacts rape victims c) Sex Looters – Persons who have a low
continue to suffer long after the incident. desire for affection or low respect for the victim’s
It includes: autonomy and callously use woman as sex
•Sexual anxiety object.
•Pervasive fear to the opposite sex
•Problems in interpersonal relationship d) Group Conformers – Rapist participates in a
General problem of unhappiness group rape or gang bang; often following the
leader. A sex looter felt a sense of conformity
Property Crimes (Non-Index Crimes) and notion demonstrating their masculinity

Occasional Property Crimes - Occasional WHY MUST MEMBERS OF SOCIETY

Property crimes are group of property crimes INTERESTED IN CRIME?
committed by ordinary property criminals with
little progressive knowledge on criminal ➢CRIME IS PERVASIVE – nearly all
techniques. Offenders injure or steal property on participants of a free society are once upon a
an infrequent basis. They tend to commit crimes time a victim of an offender of a criminal act.
such as Auto theft of motor vehicle theft, Criminal as an associate of society affects
Shoplifting or good pilferage, Vandalism, Check almost all people regardless of age, sex, race,
Forgeries nationality, religion, financial condition,
education and other personal circumstances.
Conventional Property Crimes - These are
group of property crimes committed by ➢CRIME IS EXPENSIVE – the government and
professional criminals on a persistent basis, private sector use an enormous amount of
which constitute form of career criminality currency for crime detection, prosecution
correction and prevention. Those expenses are
Classification of Men who Rape either:
DIRECT EXPENSE – those spent by
ANGER RAPE – sexual attack becomes a government or private sector for the
means of expressing anger or rage and involves maintenance or the police and security guards
more physical assault upon the victim. for crime detection, prosecution and judiciary,
POWER RAPE – assailant primarily wishes to support of prison system
express his domination over the victim. INDIRECT EXPENSE – those expense
SADISTIC RAPE – perpetrator combines the utilized to prevent the commission of crimes like
sexuality and aggression aims in psychic desires the construction of window grills, fences, gate,
to often torture or otherwise abuse the victim. purchase of door locks, safety vaults, hiring of
ACQUAINTANCE RAPE - forcible sex in which watchmen etc.
offender and the victim are acquainted with one
another. ➢CRIME IS DESTRUCTIVE – many lives have
AGGRAVATED RAPE - rape involving multiple been vanished because of crimes like murder,
offenders, weapons and victim injuries. homicide and other violent deaths. Properties
DATE RAPE - forcible sex during the courting have been lost or devastated on account of
relationship. robbery, theft and arson.
SERIAL RAPE - multiple rapes committed by
one person over time. ➢CRIME IS REFLECTIVE – crime rate or
STATUTORY RAPE - sexual relations between incidence in a given locality is reflecting of the
efficiency of the social defenses employed by ❑It is ordained for the common benefit
the people primarily that of the police system. □laws should be made for the protection,
common good and benefit of the people.
➢CRIME IS PROGRESSIVE – the progressive “SALUS POPULI EST SUPREMA LEX”
upsurge in the volume of crime is on account of
the ever-increasing population. The ever- CRIMINAL LAW
increasing crime rate and their technique show A branch of municipal law which defines crimes,
the progress thinking of the society for treats of their nature and provides for their
advancement. punishment.

OTHER BASIC CAUSES OF CRIME SOURCES OF CRIMINAL LAW

1) The Revised Penal Code (Act No. 3815) and
1. HATRED – Some individuals develop a its amendments
violent hatred for one reason of another. This 2) Special penal laws passed by the Philippine
hatred may ultimately result in some act of Commission, Philippine Assembly,
violence. Philippine Legislature, National Assembly,
the Congress of the Philippines, and the
2. PASSION – All persons are born with the Batasang Pambansa.
same general desires and passions. It is the 3) Penal Presidential Decrees issued during
manner in which they control these passions Martial Law.
that will determine whether or not they will resort
to criminal activity or will live a normal life. THE POWER TO DEFINE AND PUNISH
CRIME
3. PERSONAL GAIN – It is normal for a person
to desire to improve his life, and to work hard to By virtue of its police power, the STATE has the
a better if not abundant life for himself and his authority to define and punish crimes. The
family. concept of the police power is well-established
in this jurisdiction. The same has been defined
4. INSANITY – from among the members of the as “state authority to enact legislation that may
society, there are those who are born mentally interfere with personal liberty or property in order
abnormal, and are therefore, not governed by to promote the general welfare.” As defined, it
their own freewill. consist of (1) an imposition of restraint upon
liberty or property, (2) in order to foster the
5. REVENGE – This literally means to retaliate. common good.

6. UNPOPULAR LAWS – Laws or ordinances THEORIES OF CRIMINAL LAW:

which are ambiguous, those are fraught with
meaning, or which attempt to regulate and/or a.Utilitarian theory or protective theory
control human behavior contrary to the wishes of The primary purpose: Protection of society
the people are known as unpopular laws or from actual or potential wrongdoers
ordinances which people would rather choose to
break or disobey. b.Classical or juristic philosophy
Best remembered by the maxim “An eye for an
LAW eye, a tooth for a tooth.” (Oculo pro oculo, dente
pro dente)
❑It is rule of conduct
□laws serve as guides of an individual in relation c.Positivist or realistic philosophy
to his fellowmen and to his community The primary purpose: Reformation.
There is great respect for the human element
❑It is just because the offender is regarded as socially sick
□it means that the law must be fair; treats every who needs treatment, not punishment.
person the same and based on the values and
ethics held by the majority of society d.Eclectic or mixed philosophy
This combines both positivist and classical
❑It is obligatory thinking. Crimes that are economic and social by
□it means that the law must be enforced, if not nature should be dealt with in a positivist
the purpose of its creation will not be served manner; thus, the law is more compassionate.
Heinous crimes should be dealt with in a
❑It is prescribed by legitimate authority classical manner; thus, capital punishment.
□it means that the law was made by persons
who are given the power to make it. The Revised Penal Code today follows the
mixed or eclectic philosophy.
 (Extraterritorial application)
LIMITATIONS a) offense committed while on a Philippine ship
or airship
A. Must be general in application. b) forging or counterfeiting any coin or currency
note of the Philippines or obligations and the
B. Must not partake of the nature of an ex post securities issued by the Government
facto law. (1987 Const. Art III, Sec.22) c) introduction into the country of the above-
EX POST FACTO LAW - An act which when mentioned obligations and securities
committed was not a crime, cannot be made so d) while being public officers and employees,
by statute without violating the constitutional an offense committed in the exercise of their
inhibition as to ex post facto laws functions
e) crimes against national security and the law
C. Must not partake of the nature of a bill of of the nations defined in Title One of Book
attainder. (1987 Const. Art III, Sec 22) Two
BILL OF ATTAINDER – A legislative act which
inflicts punishment without trial. EXAMPLE: PROSPECTIVE (IRRETROSPECTIVITY) –
Congress passes a law which authorizes the the law does not have any retroactive effect.
arrest and imprisonment of communists without Acts or omissions will only be subject to a penal
the benefit of a judicial trial. law if they are committed AFTER a penal law
had already taken effect.
D. Must not impose cruel and unusual
punishment or excessive fines. (1987 Const. Vice versa, this act or omission which has been
Art III, Sec 19) committed before the effectivity of a penal law
could not be penalized by such penal law
CHARACTERISTICS OF CRIMINAL LAW: because penal laws operate only prospectively.

GENERAL – binding on all persons who reside Exception: when the law is favorable to the
or sojourn in the Philippines accused
Exceptions to the Exception:
Exceptions: a. The new law is expressly made inapplicable
a. Treaty Stipulation RP-US Visiting Forces to pending actions or existing causes of
Accord, the Military Bases Agreement action
between the Republic of the Philippines and b. Offender is a habitual criminal
the United States of America)

b. Laws of Preferential Application (Rep. Act CRIMINAL

No. 75 may be considered a law of
preferential application in favor of diplomatic THE CRIMINAL
representatives and their domestic servants) On the basis of the definition of crime, a criminal
may be defined in three ways:
c. Principles of Public International Law
Example: Legal Definition: A person who committed a
i.sovereigns and other chiefs of state crime and has been convicted by a court of the
ii.Ambassadors, ministers plenipotentiary, violation of a criminal law.
minister resident and charges d’affaires
(BUT consuls, vice-consuls and other foreign Social Definition: A person who violated a
commercial representatives CANNOT claim the social norm or one who did an anti-social act.
privileges and immunities accorded to
ambassadors and ministers.).” Psychological Definition: A person
who violated rules of conduct due
d. Also excepted under the law of generality to behavioral maladjustment.
are Members of the Congress who are not
liable for libel or slander with any speech in CRIMINOLOGICAL CLASSIFICATION OF
Congress or congressional committee CRIMINALS

TERRITORIAL – penal laws of the Philippines BASED ON ETIOLOGY

are enforceable only within its territory. It cannot
penalize crimes committed outside the same Acute Criminal is one who violates a criminal
(Intraterritorial application) law because of the impulse or fit of passion.
They commit passionate crimes.
Exceptions: (Art. 2 of RPC – binding even on
crimes committed outside the Philippines) Chronic Criminal is one who commits crime
acted in consonance of deliberated thinking. He reward or promise without considering its
plans the crime ahead of time. They are the consequences. They are called “ulukan”
targeted offenders.
1.Neurotic criminal – is one who has mental Socialized Delinquents are criminals who are
disorder. normal in behavior but defective in their
2.Normal criminal – a person who commits socialization process or development. To this
crimes because he looks up to and idolizes group belongs the educated respectable
people who are criminals. members of society who may turn criminals on
account of the situation they are involved.
BASED ON BEHAVIORAL SYSTEM
BASED ON LEGAL CLASSIFICATION
Ordinary Criminal is considered the lowest
form of criminal in a criminal career. He doesn’t Habitual Delinquent
stick to crime as a profession but rather pushed Is a person who, with in a period of ten years
to commit crimes due to great opportunity. from the date of his release or last conviction of
criminal who engages in crimes which do not the crimes of serious or less serious physical
require specialized or technical skill. injuries, robbery, estafa, or falsification, is found
guilty of any of the said crimes or a third time
Organized Criminal is one who associates oftener.
himself with other criminals to earn a high
degree of organization to enable them to commit Recidivist
crimes easily without being detected by Is one who, at the time of his trial for one crime,
authorities. They commit organized crimes. Is shall have been previously convicted by final
one who possesses some skills and know-how judgment of another crime embraced in the
which enable him to commit crimes. Force same title of the Revised Penal Code.
violence intimidation and bribery are use to gain
and maintain control over economic activities. THE DELINQUENT PERSON

Professional Criminal is a person who is A delinquent person is one who repeatedly

engaged in criminal activities with high degree of commits an act that is against the norms or
skill. He is usually one who practices crime as a mores observed by the society. When a person
profession to maintain a living. habitually commits an act that is not in
accordance with the rules or policies of a
BASED ON ACTIVITIES community where he belongs, he is considered
a delinquent.
Professional Criminals are those who practice
crime as a profession for a living. Criminal DISTINCTION OF CRIMINAL AND
activity is constant in order to earn skill and DELINQUENT
develop ability in their commission.
A CRIMINAL is a person who has violated the
Accidental Criminals are those who commit penal law and has been found guilty of crime
crimes when the situation is conducive to its charges upon observing of the standard judicial
commission. Those who commit criminal acts as procedure while DELINQUENT is a person who
a result of unanticipated circumstances. merely committed an act not in conformity with
norms of society.
Habitual Criminals are those who continue to
commit crime because of deficiency of EXAMPLES OF DELINQUENCY:
intelligence and lack of self – control. 1.waywardness of children
2.Street corner gang
Situational criminal – a person who got 3.Children out of parental control
involved in criminal act because the situation 4.school dropouts without justifiable reason
presented itself. CRIMINAL BEHAVIOR/ CRIMINAL ETIOLOGY

BASED ON MENTAL ATTITUDES CRIMINAL BEHAVIOR/CRIMINAL ETIOLOGY

Criminal behavior may also refer to the study of
Active Criminals are those who commit crimes the human conduct focused on the mental
due to aggressiveness. Such attitude is clearly processes of the criminal: the way he behaves
shown in crimes of passion, revenge and or acts including his activities and the causes
resentments. and influences if his criminal behavior.

Passive Inadequate Criminals are those who TYPES OF EXPLANATION TO CRIMINAL

commit crimes because they are pushed to it by BEHAVIOR
1.SINGLE/UNITARY THEORY – contends that 2. Victim/complainant = The forgotten party in
crime is produced by one factor. It may be a criminal case.
biological, sociological, or psychological.
2.MULTIPLE FACTOR THEORY – views that 3.People of the Philippines = The actual
crime is not a product of a single cause or factor offended party
but a combination of several factors.
3.ECLECTIC THEORY – That crime stemmed FIVE STAGES IN THE CRIMINAL JUSTICE
by one or more factors while in other instances it PROCESS:
is caused by another set of factors. 1.Arrest
4.INTEGRATED THEORY – A theory that 2.Charging
combines two or more theories to generate a 3.Adjudication
single model or framework 4.Sentencing
5.Corrections
FACTORS THAT ENHANCES THE
DEVELOPMENT OF CRIMINAL BEHAVIOR JUSTICE
SUCH AS: ‘Justice’ was once ‘justitia’ an Old French word
that descended from Latin to mean
a.Criminal Demography – study of the ‘righteousness and equity’. A similar word from
relationship between criminality and population. the same Latin root was ‘justus’ meaning
b.Criminal Epidemiology – study of the ‘upright, and just’. When ‘justitia’ was adopted
relationship between environment and into Old English it was extremely simplified.
the criminality. From the original Old French meanings that
c.Criminal Ecology – study of criminality in included, ‘uprightness, equity, vindication of right,
relation to spatial distribution in the community. court of justice, and judge’, Old English adopted
d.Criminal Physical Anthropology – study of the word only as a title for a judicial officer
criminality in relation to physical constitution of
men. DEFINITION OF JUSTICE?
e.Criminal Psychology – study of human □Justice is the act of rendering what are due
behavior in relation to criminality. and treating persons equally.
f.Criminal Psychiatry – study of human mind in
relation to criminality; and WHAT ARE THE MAJOR COMPONENTS OF
g.Victimology – study of the role of the victim in THE CJS?
the commission of a crime.
FIVE PILLARS OF THE PHILIPPINE
CRIMINAL JUSTICE SYSTEM
VICTIMOLOGY LAW ENFORCEMENT
PROSECUTION
VICTIMOLOGY COURTS
Is simply the study of victims of crimes and CORRECTIONS
contributory role, if any, in crime causation. It is COMMUNITY
also the scientific process of gaining substantial
amounts of knowledge on offender THREE PILLARS OF THE AMERICAN
characteristics by studying the nature of victims. CRIMINAL JUSTICE SYSTEM
(Schmalleger, 1997). LAW ENFORCEMENT
COURTS
WHAT IS THE CRIMINAL JUSTICE SYSTEM? CORRECTIONS

The Criminal Justice System (CJS) is the WHAT ARE THE FUNCTIONS OF THE MAJOR
machinery which society uses in the prevention COMPONENTS OF THE CJS?
and control of crime. The process is the totality  •To prevent and control the commission of
of the activities of law enforcers, prosecutors, crime;
defense lawyers, judges and corrections  •To enforce the law;
personnel, as well as those of the mobilized  •To safeguard lives, individual rights, and
community in crime prevention and control. properties;
 •To investigate, apprehend, prosecute and
sentence those who violated the rules of
People involved in the system (Parties to the society; and,
criminal case)  •To rehabilitate the convicts and reintegrate
them into the community as law-abiding
1. Accused = The most pampered party in a citizens.
criminal case.
 be protected if the offender has been held in
conditions where he cannot harm others especially
GOALS OF CJS the public. Punishment is effected by placing
 Prevention of crime. offenders in prison so that society will be ensured
 Protect members of society against crime from further criminal depredations of criminals.
 Maintain peace and order 5.Reformation or Rehabilitation – it is the
 Suppression of criminality establishment of the usefulness and responsibility of
 Review the legality of existing rules and the offender. Society’s interest can be better served
regulations by helping the prisoner to become law abiding citizen
 Rehabilitation and reformation of offenders. and productive upon his return to the community by
requiring him to undergo intensive program of
rehabilitation in prison.

ANCIENT FORMS OF PUNISHMENT:

1. Death Penalty / Capital Punishment – Affected

by burning, beheading, hanging, breaking at the
wheels, pillory and other forms of medieval
executions.
DEATH CONVICT- This refers to an inmate were
death penalty/sentence imposed by the Regional
Trial Court is affirmed by the Supreme Court.

2. Physical Torture / Corporal Punishment– It is

affected by maiming, mutilation, whipping and other
inhumane or barbaric forms of inflicting pain.
PENOLOGY CORPORAL PUNISHMENT – It is the infliction of
physical pain as a form of punishment.
 It is the study of punishment for crime or of
criminal offenders. It includes the study of 3. Social Degradation – The act of putting the
control and prevention of crime through offender into shame or humiliation.
punishment of criminal offenders.
 The term is derived from the Latin word 4. Banishment or Exile / ostracism / outlawry –
“POENA” which means pain or suffering and The sending or putting away of an offender which
“POENALIS” which means punishment. was carried out either by prohibition against coming
 Penology is otherwise known as Penal Science. into a specified territory such as an island to where
It is actually a division of criminology that deals the offender has been removed.
with prison management and the treatment of
offenders, and concerned itself with the - Presently known as Destierro
philosophy and practice of society in its effort to
repress criminal activities. THE AGE OF ENLIGHTENMENT / AGE OF
 Penology has stood in the past and, for the most REASON
part, still stands for the policy of inflicting 18th Century is a century of change. It is the period
punishment on the offender as a consequence of recognizing human dignity. It is the movement of
of his wrongdoing reformation, the period of introduction of certain
reforms in the correctional field by a certain person,
PURPOSES/JUSTIFICATIONS OF PUNISHMENT gradually changing the old positive philosophy of
punishment to a more humane treatment of prisoners
1. Retribution (PERSONAL VENGEANCE/ with innovational programs.
REVENGE)– the punishment should be provided by
the state whose sanction is violated to afford the GOLDEN AGE OF PENOLOGY – 1870 – 1880
society or the individual the opportunity of imposing
upon the offender suitable punishment as might be JURIDICAL CONDITIONS (LEGAL REQUISITES)
enforced. Offenders should be punished because OF PENALTY
they deserve it.
Punishment must be:
2. Expiation or Atonement – it is punishment in the 1. Productive of suffering – without however
form of group vengeance where the purpose is to affecting the integrity of the human personality.
appease the offended public or group.
2. Commensurate with the offense – different
3.Deterrence – punishment gives lesson to the crimes must be punished with different penalties (Art.
offender by showing to others what would happen to 25, RPC).
them if they violate the law. Punishment is imposed
to warn potential offenders that they cannot afford to 3. Personal – the guilty one must be the one to be
do what the offender has done. punished, no proxy.
3. Incapacitation and Protection – the public will 4. Legal – the consequence must be in accordance
with the law. might be asked to make payments to the crime victim
or participate in community based program that
5. Equal – applicable for all persons. features counseling.

6. Certain – no one must escape its effects. 8. Restorative Justice - repairs injuries suffered by
the victim and the community while insuring
7.Correctional – changes the attitude of offenders reintegration of the offender. Turn the justice system
and become law-abiding citizens. into a healing process rather than a distributor of
retribution and revenge.
CONTEMPORARY FORMS OF PUNISHMENT:

1. Imprisonment/isolation/incarceration/commit IMPLEMENTING RULES AND REGULATIONS OF

ment/ incapacitation– putting the offender in prison REPUBLIC ACT NO. 11131, OTHERWISE KNOWN
for the purpose of protecting the public against AS "AN ACT REGULATING THE PRACTICE OF
criminal activities and at the same time rehabilitating CRIMINOLOGY PROFESSION IN THE
the prisoners by requiring them to undergo PHILIPPINES, AND APPROPRIATING FUNDS
institutional treatment programs. THEREFOR, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO. 6506, OTHERWISE KNOWN
2. Parole - a conditional release of a prisoner after AS AN ACT CREATING THE BOARD OF
serving part of his/her sentence in prison for the EXAMINERS FOR CRIMINOLOGISTS IN THE
purpose of gradually re-introducing him/her to free PHILIPPINES
life under the guidance and supervision of a parole
officer.
RULE I
3. Probation – a disposition whereby a defendant TITLE, STATEMENT OF POLICY, OBJECTIVES,
after conviction of an offense, the penalty of which DEFINITION OF TERMS AND SCOPE OF
does not exceed six years imprisonment, is released PRACTICE
subject to the conditions imposed by the releasing
court and under the supervision of a probation officer. SECTION 1. Title. —This Resolution shall be known
as the Implementing Rules and Regulations (IRR) of
4. Fine – a pecuniary amount given as a Republic Act No. 11131 entitled "The Philippine
compensation for a criminal act. Criminology Profession Act of 2018".

5.Destierro – the penalty of banishing a person from SECTION 2. Statement of Policy. — The State
the place where he committed a crime, prohibiting recognizes the importance of criminology profession
him to get near or enter the 25-kilometer perimeter. in national security, public safety, peace and order,
and in nation-building and development. Hence, it
GOALS OF PUNISHMENT shall develop and nurture competent, virtuous,
productive and well-rounded criminologists whose
1.General Deterrence - the state tries to convince standards of professional practice and service shall
potential criminals that the punishment they face is be excellent, qualitative, world-class and globally
certain, swift, and severe so that they will be afraid to competitive through sacred, honest, effective and
commit an offense. credible licensure examinations, coupled with
programs and activities that would promote
2.Specific Deterrence - convincing offenders that professional growth and development. This IRR of
the pains of punishment is greater than the benefits RA No. 11131 shall be interpreted, construed and
of crime so they will not repeat their criminal carried out in the light of the Statement of Policy
offending enshrined in Section 2, Article I of RA No. 11131.

3.Incapacitation - if dangerous criminals are kept SECTION 3. Objectives. — This Act shall
behind bars, they will not be able to repeat their govern:
illegal activities. (a)The examination, registration and licensure for
criminologists;
4.Retribution/Just Desert - punishment should be (b)The supervision, control and regulation of the
no more or less than the offenders actions deserve, it practice of criminology;
must be based on how blameworthy the person is (c)The participation in the standardization of the
criminology education program;
5.Equity/Restitution - convicted criminals must pay (d)The development of the professional competence
back their victims for their loss, the justice system for of criminologists through Continuing Professional
the costs of processing their case and society for any Development (CPD); and
disruption they may have caused. e)The integration of all criminology professional
groups and membership of all registered
6.Rehabilitation - if the proper treatment is applied, criminologists to the accredited professional
an offender will present no further threat to society organization.

7. Diversion - criminals are diverted into a SECTION 4. Definition of Terms. — As used in this
community correctional program for treatment to IRR, the following terms shall be defined as follows:
avoid stigma of incarceration. The convicted offender (a)AIPO refers to the one and only recognized and
accredited integrated national organization of government and its instrumentalities, and the welfare
criminologists, as endorsed by the Professional of the people are secured, advanced, nurtured, and
Regulatory Board subject to the approval of the protected.
Professional Regulation Commission (PRC). For (m)Profession refers to the art and science in the
purposes of implementing RA No. 11131, AIPO shall practice of
be referred to as the Accredited Integrated criminology discipline;
Professional Organization (AIPO) for the criminology (n)Professional Identification Card refers to the
profession; document bearing the registration number, dates of
(b)Board refers to the Professional Regulatory Board issuance and expiry, duly signed by the Commission
of Criminology created hereunder; Chairperson;
(c)Certificate of Registration refers to the document (o)Professional or Component Subjects on
issued by the Commission, through the Board, Criminology refer to the component subjects per area
signifying that the person named therein is entitled to as provided under Section 15 of this IRR and subject
practice the criminology profession with all the to the conditions as may be provided therefor or by
privileges appurtenant thereto; the Board.
(d)CHED refers to the Commission on Higher (p)Public Safety refers to the protection of the
Education (CHED) created under RA No. 7722, homeland which includes law enforcement and
otherwise known as "Higher Education Act of 1994"; policing, criminal justice system, protection and
(e)Code of Ethics refers to the set of moral and safeguard of lives and properties, customs and
ethical principles that all registered Criminologists immigration, maritime sea and border protection,
must abide by as they practice the profession. health, environment and ecosystem, public safety
(f)Code of Good Governance for the Practice of and civil defense.
Criminology refers to the formal outlines of the (q)Quasi-police Functions refers to activities of law
mission, vision, and ideals of Filipino criminologists. enforcement agencies and its agents which does not
It also governs the criminologists' conduct towards directly involve enforcement or investigation of
the state, the public, the profession and fellow violations of criminal laws. This is also referred to as
professionals. order maintenance or community services.
(g)Commission refers to Professional Regulation (r)Registered criminologist refers to a natural person
Commission created under Republic Act No. 8981, who holds a valid Certificate of Registration (COR)
otherwise known as the "PRC Modernization Act of and an updated Professional Identification Card (PIC)
2000"; as criminologist issued by the Board and the
(h)Continuing Professional Development (CPD) Commission pursuant to RA No. 11131.
refers to the attainment of advanced knowledge, (s)Report of Rating refers to the document stating
skills and ethical values in a post-licensure the rating
specialization or in an inter-or multidisciplinary field obtained by the examinee in the licensure
of study, for assimilation into professional examination;
practice, self-directed research and/or lifelong (t)Tables of Specification (TOS) refers to the list of
learning. outcomes-based competencies which the licensure
(i)Criminology refers to the scientific study of crimes, examination measures and assesses; and
criminals, victims and criminal behavior. It also deals (u)Temporary/Special Permit refers to privilege
with the prevention, and solution of crimes; granted to registered Criminologists from other
(j)Foreign Reciprocity refers to Sections 14 (a) and countries and for Filipinos in allied discipline as
29 of this IRR which provide that only nationals of mentioned in Section 30 of this IRR to be able to
foreign countries in which the requirements for the practice in the Philippines;
licensure examination and/or registration and
practice of criminology are substantially the same as SECTION 5. Scope of Practice. — The practice of
those required and contemplated by the criminology shall include, but shall not be limited to,
Philippine laws and regulations, and which laws and acts or activities performed:
regulations allow Philippine citizens to practice (a)In line with the practice of profession or
criminology within the territory of such foreign occupation as a law enforcement administrator,
countries on the same basis and grant the same executive, adviser, consultant, officer, investigator,
privileges as those enjoyed by their citizens, subjects agent or employee in any private or government
or nationals shall be allowed to take the agencies performing law enforcement and quasi-
Philippine Criminologists licensure police functions at the Philippine National Police
examination and be given CORs and PICs pursuant (PNP), the National Bureau of Investigation (NBI),
to R. A. No. 11131; the Philippine Drug Enforcement Agency (PDEA),
(k)Law Enforcement refers to the component of the Bureau of Fire Protection (BFP), the Bureau of
internal or homeland security of the Philippines Jail Management and Penology (BJMP), the
charged with the mandate to enforce, investigate, Provincial Jail, the Bureau of Corrections (BUCOR),
and participate as important agents in the the Probation and Parole Administration (PPA), the
prosecution of violations of criminal local laws, Bureau of Internal Revenue (BIR), the Bureau of
including international laws duly adopted as part of Customs (BoC), the Bangko Sentral ng Pilipinas
the law of the land under the Constitution. (BSP), other government and private banks, the
(I) National Security refers to the dynamics and Philippine Postal Corporation (PPC), the Sea and Air
interplay of the political, economic, socio-cultural, Marshalls, the VIP Security, Airport and Seaport
techno-scientific, environmental, and military to attain Police, the National Intelligence Coordinating Agency
and maintain a condition where the sovereignty of (NICA), the Intelligence Service of the Armed Forces
the nation, the territorial integrity of the state, the of the Philippines (ISAFP), and agencies of the
government exercising similarly related functions in (b)Must be of good moral character, good reputation
the field of national security, public safety, and peace and of sound mind and body;
and order; (c)Not convicted by a court of competent jurisdiction
(b)In line with the practice of teaching profession of any offense involving moral turpitude;
such as those performed by a professor, instructor or (d)Must be a graduate of Bachelor of Science in
teacher in any university, college or school duly Criminology, and a holder of a Post Graduate
recognized by the government on any of the Degree in Criminology from any reputable school
following professional and component subjects of the recognized by the CHED or a criminologist-lawyer in
criminology program: good standing before the Supreme Court and the
(1)Criminal Jurisprudence and Procedure; Integrated Bar of the Philippines (IBP);
(2)Criminalistics; (e)Must be a registered criminologist with a valid
(3)Law Enforcement Administration; certificate of registration and a valid professional
(4)Crime Detection and Investigation; identification card, having at least ten (10) years of
(5)Correctional Administration; and practice in the profession prior to the appointment
(6)Criminal Sociology and Ethics, and other technical including no less than two (2) years teaching
and specialized subjects in the criminology experience of criminology or law subjects in full-time
curriculum provided by the CHED; or part-time capacity in any college of criminology,
(c)As a technician, examiner/criminalist, or specialist college of law or law enforcement training institutions
in dactyloscopy, questioned document, recognized by relevant government agency;
deoxyribonucleic acid (DNA), lie detection, firearms (f)Must be a member in good standing of the AIPO
identification, forensic photography, forensic but not an officer or trustee thereof; and
chemistry, other scientific crime detection and (g)Must not be a member of the faculty of any school,
investigation or forensic science; college or university where a regular class or review
(d)As a correctional administrator, executive, course in criminology is offered, nor a member of the
supervisor, or officer in any rehabilitation, staff of reviewers in a review school or center for
correctional, and penal institution or facility, and in criminologists, and must not have any direct or
any communitybased corrections, and rehabilitation indirect pecuniary interest in any such institution.
agencies and/or programs;
(e)As a counselor, consultant, adviser or researcher
in any government or private agency on any aspect SECTION 8. Term of Office. — The chairperson
of criminological research or project involving the and members of the Board shall hold office for a term
causes of crime, children in conflict with the law, of three (3) years from the date of appointment or
treatment and correction of persons deprived of until their successors shall have been qualified and
liberty (PDL), police operation, law enforcement appointed. They may be reappointed to the same
administration, scientific criminal investigation or office for another term of three (3) years immediately
public safety and national security administration; after the expiry of their term: Provided, That the
and holding of such position shall not be more than two
(f)As a private investigator, administrator, consultant (2) terms nor more than six (6) years, whichever is
or agent, or detective in any private security and longer: Provided, further, That the first Board under
investigation agency organized under the laws of the this Act shall hold these terms of office: the
Philippines. chairperson for three (3) years, the first two (2)
members for two
RULE II (2) years, and the second (2) members for one (1)
PROFESSIONAL REGULATORY BOARD FOR year: Provided, finally, That any appointee to a
CRIMINOLOGISTS vacancy with an unexpired period shall only serve
such period. The chairperson and the members shall
SECTION 6. Creation and Composition of the duly take their oath of office.
Professional Regulatory Board for Criminologists.
— There is hereby created a Professional Regulatory RULE III EXAMINATION, REGISTRATION,
Board for Criminologists, a collegial body under the CERTIFICATION AND LICENSURE
administrative supervision and control of the
Commission, to be composed of a chairperson and SECTION 13. Passing of Licensure Examination
four (4) members appointed by the President of the Requirements. - Except as otherwise specifically
Philippines from a list of three (3) recommendees for allowed under RA No. 11131, applicants for
each position, chosen and ranked by the registration for the practice of criminology shall be
Commission from a list of three (3) nominees for required to pass a licensure examination in such
every position endorsed by the AIPO. The new places and dates as the Commission may designate
Board shall be organized not later than six (6) through a Resolution on the Master Schedules for all
months from the effectivity of RA No. 11131. Licensure Examinations in accordance with Section
7(d) of RA No. 8981.
SECTION 7. Qualification of the Chairperson and
Members of the Board. — The chairperson and SECTION 14. Qualification of an Applicant for the
each member shall, at the time of their appointment, Licensure Examination. — An applicant for the
possess all these licensure examination for criminologist shall
qualifications: satisfactorily prove that one possesses the following
qualifications:
(a)Must be a natural-born Filipino citizen and a
resident of the Philippines; (a)Must be a citizen of the Republic of the Philippines
or a foreign citizen whose country/state has RULE IV
reciprocity with the Philippines in the practice of PRACTICE OF CRIMINOLOGY
criminology;
(b)Must be of good moral character, good reputation SECTION 27. Lawful Practitioners of Criminology.
and of sound mind and body certified by the school — The following persons shall be authorized to
where he/she graduated and the barangay where practice the criminology profession:
he/she lives, unless the examinee is a foreign (a)Natural persons;
national a certification from any professional (1)Duly registered criminologists and holders of valid
criminologist of good standing will do; certificates of registration and valid professional
(c)Must hold a bachelor's degree in criminology duly identification cards issued by the Board and the
accredited by the CHED and conferred by a Commission pursuant to RA No. 11131.
school/college/university duly authorized by the (b)Juridical persons;
government or its equivalent programs as approved (1)Single proprietorship whose owner and technical
by the PRB obtained by either a Filipino or foreign staff are registered criminologists;
citizen from an institution of learning in a foreign (2)Partnership duly registered with the Securities and
country/state: Provided, That it is duly recognized Exchange Commission (SEC) as professional
and/or accredited by the CHED; partnership pursuant to the Civil Code and
(d)Must not have been convicted of an offense composed of partners majority of whom are
involving moral turpitude by a court of competent registered criminologists;
jurisdiction; and (3)Corporation duly registered with the SEC as
(e)Those who failed five (5) times whether engaged in the practice of criminology and with
consecutive or cumulative in the criminologist officers and Board of Directors whom are all
licensure examination, must present a certification registered criminologists; and
issued by a reputable institution duly recognized by (4)Association and cooperative duly registered with
the CHED that such applicant has satisfactorily the appropriate government agency as a non-stock
completed a refresher course in criminology. corporation where majority of the officers, Board of
Trustees and members are registered criminologists.
Subject to Section 29 on Foreign Reciprocity, foreign These juridical persons shall also be registered with
nationals applying to take the Criminologist the Board and the Commission in accordance with
Licensure Examination shall submit the following the rules and regulations thereon. The Board shall
documentary requirements: issue a separate guideline to implement this
(a)Duly authenticated college diploma and transcript provision.
of records issued by foreign HEI.
(b)Certificate of Equivalency from the SECTION 30. Practice Through
CHED (if he/she graduated from a Temporary/Special Permit.
foreign university/school) Temporary/Special permit may be issued by the
(c)Certificationof good standing from Board subject to the approval by the Commission
any professional criminologist; and payment of fees the latter has prescribed and
charged thereof to the following:
SECTION 17. Rating in the Licensure (a)Registered criminologists from foreign
Examination. countries/states
To pass the licensure examination for criminologist, a whose services are rendered either for free or for a
candidate must obtain a weighted average rating of fee:
seventy-five percent (75%) with no grade less than (1)If they are internationally known criminologists or
sixty percent (60%) in any given subject. In case the experts in any branch, specialty or allied field of
examinee obtains a weighted average rating of criminology; and
seventy-five percent (75%) but, has a grade below (2)If their services are urgently and importantly
sixty percent (60%) in any of the subjects, the results required for lack or inadequacy of available local
of the examination shall be deferred, and the specialists or experts; or for the promotion or
examinee shall be required to retake that particular advancement of the practice of criminology through
subject/s. The deferred examinee shall only be transfer of technology;
allowed to retake once within two (b)Registered criminologists from foreign
(2)years from the date of the examination and shall countries/states whose services shall be free and
be required to limited to indigent clients or for research purposes;
obtain a grade not lower than eighty percent (80%) and
on the subject/s to be considered to have passed the (c)Registered criminologists from foreign
licensure examination. If the examinee failed to countries/states employed as exchange professors in
retake after the lapse of two (2) years or failed to get a branch, specialty or allied field of criminology, in
the passing mark of eighty percent (80%), the schools, colleges or universities offering the course
examinee shall retake all the board subjects. Any of criminology.
examinee who failed three (d)Filipino professionals in allied disciplines who
(3)or more board subjects shall be deemed to have intend to teach in PHEI offering criminology program
failed the board examination. This Section shall take and in review centers for criminology licensure
effect beginning the second examination to be held examination subject to the conditions as stated in
in the year 2022 which will coincide with the first section 16 of this IRR.
graduates of CHED Memorandum Order No. 5,
series of 2018, the revised Criminology curriculum. The permit shall, among other things, contain
the following limitations and conditions:
(1)its validity must be for a period coterminous with
the contract or engagement but not exceeding one (1)
year subject to renewal;
(2)the branch or specialty of criminology; and
(3)specific place of practice such as national security,
2. Crime Rate – the number of incidents in a given
public safety, law enforcement agencies, center,
period of time for every 100,000 inhabitants of an
school, college or university offering the program or
area/place.
review of criminology. The Board, subject to the
approval of the Commission, shall promulgate rules
and regulations on the implementation of this
particular section.

SECTION 37. Penal Clause.

A fine of not less than One hundred thousand pesos
(P100,000.00) nor more than Five hundred thousand
pesos (P500,000.00), or imprisonment for not less 3. Average Monthly Crime Rate (AMCR) – the
than two (2) years and one (1) day or more than six average number of crime incidents occurred per
(6) years, or both, at the discretion of the court shall month for every 100, 000 inhabitants in a certain
be imposed upon any person who shall commit any area.
of the following acts:
(a)Practicing criminology as stated in Section 5 of RA
11131 without valid COR and a valid PIC or a valid
temporary/special permit;
(b)Attempting to use the seal, COR and PIC of a
registered criminologist or temporary/special permit
issued to a foreign criminologist;
(c)Abetting the illegal practice of criminology by an
unregistered or unauthorized person; 4. Variance (or % change) – one way of analyzing
(d)Securing through false information or fraudulent crime trends. It measures the percentage change
means certificate of registration and professional over a given period of time.
identification card or temporary/special permit;
(e)Impersonating a registered criminologist or a
holder of a temporary/special permit; and
(f)Violating any provision of RA No. 11131 or this
IRR. Where the violator is a juridical person, the
Board of Directors and other responsible officers of
the corporation shall be held liable. Crime Analysis
a. Percentage Share of Crime Volume of a Certain
CRIME STATISTICS Area
- It refers to the measure of the level or amount of
crimes.
-The collection or study of numerical data of crimes
recorded/reported to the police.
-It uses the terms index crimes and non-index crimes
in classifying crimes.

Index crimes are crimes which are sufficiently b.Percentage Share of the Occurrence of a Type
significant and which occur with sufficient regularity of Crime
to be meaningful such as murder, homicide, physical
injury, robbery, theft and rape.

Non-index crimes are crimes that are not classified

as index crimes. Violations of special laws and other
crimes against moral and order. These crimes are
generated from the result of positive police-initiated
operations. ***END***
STATISTICAL FORMULA:

1. Crime Solution Efficiency (CSE) – percentage

of solved cases out of the total number of reported
crime incidents handled by the police for a given
period of time. It is a general measure of law
enforcement agency’s investigative capability or
efficiency.