Special Crime Investigation With Legal Medicine

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SPECIAL CRIME INVESTIGATION

WITH LEGAL MEDICINE

Chapter 1:
Revised Penal Code vis a vis Special
Penal Laws
Instructor: PLTCOL ARNOLD T LAO
Objectives
• Define Crime
• Differentiate the three types of crime
• Explain the origin and importance of Act. No 3815 or the
Revised Penal Code of the Philippines
• Define Special Penal Law in relation to the Revised
Penal Code of the Philippines; and
• Explain crimes that are “Mala in se” and “Mala prohibita”
What is Crime?
• Is an act or the commission of an act that is forbidden or
the omission of a duty that is commanded by a public
law and that makes the offender liable to punishment by
that law. Gabao states that “crime is a violation of
societal rules of behavior as interpreted and expressed
by a criminal legal code created by people holding social
and political power. Individuals who violate there rules
are subject to sanctions by state authority, social stigma,
and lose of status.
• High crime rate affects public safety and the
country’s economy.

• Article 3 of the Revised Penal Code


(RPC)states that acts and omissions punishable
by law are felonies (delitos); Crimes are
felonies. Moreover, felonies are committed not
only by means of deceit (dolo) but also by
means of fault (culpa).
Three Types of Crimes
• Crimes against the Person
• Crimes against Property
• Crimes against society
Crimes against the Person
• Are crimes that are directed to an individual
person’s body, honor and life
Crimes against Property
• Are crimes that are directed to a person’s
belongings, intellectual properties and money
Crimes against society
• Are crimes directed to the community’s moral
code and values.
Act No. 3815
• Or the Revised Penal Code of the Philippines is
considered as one of the Philippines’ most enduring
pieces of legislation.
• Enacted on December 8, 1930 and took effect on
January 1, 1932
• Divided into 2 books: 1st book contains general
provisions regarding criminal offenses, the persons liable
and the imposition of penalties; 2nd book describes the
acts that constitute criminal offences and the penalties
for the commission thereof.
What is a Special Penal Law?
• Legislative provisions on how to deal with
special crimes that is not covered by the
Revised penal Code
“Mala in se” vis a vis “Mala prohibita”
• Mala in se – crimes that are penalized in the Revised
Penal Code
- crimes that are considered wrong in and of
themselves

• Mala prohibita – term applied to any action that is


criminalized strictly by state and
statutory law
- translates as wrong because it is prohibited

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