INTRODUCTION TO CRIMINOLOGY MODULE

CHAPTER 5
STUDY OF FELONIES AND CRIMES

Objectives:
• Develop understanding of Study of Felonies and Crimes.
• Classification of Crimes.

DEFINITION

Crime is defined as an act committed or omitted violation of a public law

forbidding or commanding it.

Crime is also defined as an act that violates the law of the nation.

Felonies are acts and omissions punishable by law. They are committed

not only by means of deceit (dolo) but also by means of fault (culpa) (Art 3, RPC).

ELEMENTS OF A FELONY

1. There must be an act or omission

2. The act of omission must be voluntary

3. It must be punishable by law

LEGAL CLASSIFICATION OF CRIMES OR FELONIES

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1. As to the manner crimes are committed:

a. By means of dolo or deceit - when the act was done with deliberate intent.

b. By means of culpa or fault - when the wrongful act results from imprudence,

negligence, lack of foresight, or lack of skill.

2. As to the stage in the commission of crime:

a. Attempted crimes - when the offender commences the commission of a felony

directly by overt acts and does not perform all the acts of execution that could

produce the felony because of some causes or accident other than this own

spontaneous desistance.

b. Frustrated crime - when the offender has performed all the act of execution

which will produce the felony, as a consequence but which, nevertheless, do

not produce the felony because of causes independent of the will of the

perpetrator.

c. Consummated crime - when all the elements necessary for its execution and

accomplishment are all present.

3. As to the plurality of crimes:

a. Simple crime - when a single act constitutes only one offense

b. Complex crime - when a single act constitutes two or more grave felonies

or when an offense is a necessary means for committing the other.

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4. As to the gravity of penalty or offense

a. Grave felonies - those to which the law attaches the capital punishment or

afflictive penalties.

b. Less grave felonies - those which the law punishes with penalties that are

correctional in nature.

c. Light felonies - those infractions of law for the commission of which the penalty

of arrest to mayor or a fine not exceeding 200 pesos are imposed.

5. As to the basis of a criminal act:

a. Crimes against person such as murder, homicide, etc

b. Crimes against property such as theft, robbery, etc

c. Crime against chastity such as rape, seduction, etc

d. Crimes against public order such as rebellion.

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. As to the result of crimes:

a. Acquisitive crime - when the offender acquires something as a consequence of

his criminal act.

b. Extinctive crime - when the end result of a criminal act is distractive.

2. As to the time or period committed:

a. Seasonal crime - those committed only during a certain period of the year like

a violation of tax law.

b. Conducive to its commission.

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3. As to the length of time committed:

a. Instant crimes - those committed in the shortest possible time

b. Episoidal crimes - those committed by a series of act in a lengthy space of time

4. As to the place of location of the commission:

a. Static crimes - those committed in only one place

b. Continuing crimes - those that can be committed several places

5. As to use of mental faculties:

a. Rational crimes - those committed with intention and offender is in full

possession of his sanity.

b. Irrational crimes – those committed by persons who do not know the nature

and quality of his act on account of the disease of the mind.

6. As to the type of offenders:

a. White-collar crimes – those committed by a person of respectability and

upper socio-economic class in the course of their occupational activities.

Ex: adulteration of food by manufacturer

b. Blue-collar crimes - those committed by ordinary professional criminals to

maintain their livelihood.

7. As to the standard of living of the criminal:

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a. Crime of the upper world - falsification cases

b. Crime of the underworld - bag snatching

WHEN DOES CRIME EXIST?

In the legal viewpoint, crime exists when the person has been proven guilty by the

court. The main objective of this view in that there is a terrific morality of cases between

the times a crime has been reported up to the time a verdict of convection is made by the

court.

In a scientific point of view, crime exists when it is reported This is more realistic

but not all reported cases are with a sound basis of true happening Some of them are

also unfounded.

SOME DISTINCTION

BETWEEN CRIME AND SIN:

1. Crime is an act or omission against the penal law of the state while sin is an act or

omission against the spiritual or divine law.

2. Upon conviction for a criminal act, the penalty is imposed during the lifetime of the

person, while the penalty for the sinful act is imposed thereafter.

BETWEEN CRIME AND IMMORALITY:

a. Crime is committed against the law of a state while immorality is committed against

the unwritten social norms in a locality.

b. Crime is fixed by statute, while immorality is not.

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c. Crime is nationalistic while immorality is rationalistic.

WHY MUST MEMBERS OF SOCIETY BY INTERESTED IN CRIME?

1. Crime is pervasive - Almost all members of a free society are once upon a time

a victim or an offender of a criminal act. Crime as an associate of society affects

almost all people - regardless of age, sex, race, nationality, religion financial

condition, education, and other personal circumstances.

2. Crime is expensive - The government and private sector spend an enormous

amount of money for crime detection, prosecution, correction, and prevention

Those expenses are others:

a. Direct expenses. Those spent by the government or private sector for the

maintenance or police and security guards for crime detection, prosecution,

and judiciary, support of prison systems.

b. Indirect expenses. Those expenses utilized to prevent the commission of

crimes like the construction of window grills, fences, gate, purchase of door

lacks safety vaults, hiring of watchmen, feeding of watchdog, etc.

3. Crime is destruction - many lives have been lost because of crimes like murder,

homicide, and other violent deaths Properties have been lost or destroyed on an

account of the robbery, theft, and arson.

4. Crime is reflective - Crime rate or incidence in a given locality is reflective of the

effectiveness of the social defenses employed by the people – primarily that of the

police system.

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5. Crime is progressive - the progressive increase in the volume of crime is on

account of the ever-increasing population. The ever-increasing rate and their

technique show the progressive thinking of the society for the advancement

ADVANTAGE OF THE EXISTENCE OF CRIME

1. It promotes solidarity of the people - members of the community offer their all-

out assistance to establish a strong front against crime Family ties become

stronger, groups become more united and solidified to fight criminality. It is

because peace-loving members organize to free themselves from lawlessness

and crimes

2. It prevents morality from going to the extreme - Penal laws are the safeguard

of our morality. They provide a penalty when morality becomes low and this serves

as a notice to society that something has to be done at once to prevent morality

from going to extremes.

3. It is a notification of maladjustment - Whenever a person violates criminal law,

it is proof that his action is not within the accepted norm in a society crime is a

symptom of social disorganization just as fever or pain is proof that a person is

sick.

TOPIC LINK FOR VIDEO

Classifications of Felonies https://www.youtube.com/watch?v=SuyB8J0hMgg

Stages of Execution https://www.youtube.com/watch?v=Xk5LCnYoZoc

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CRIMINOLOGICAL
https://www.youtube.com/watch?v=2DyzQaj9AnU
CLASSIFICATION OF CRIMES

References:
Handbook on Introduction to Criminology and Psychology of Crimes.