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Principles of CRIMINAL LAW - Dean Joe-Santos B. Bisquera - BAR Examination - UM LAW
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Principles of CRIMINAL LAW - Episode 1 - Criminal Justice System-CONCEPT of Criminal Law-Montevideo Doctrine of a State-Sales Populi est Suprema Lex-the WELFARE of the People is the SUPREME LAW-General WELFARE Clause-People's Inalienable Right to Life, to Liberty and to Property enshrined in the Constitution's BILL of RIGHTS- Decisive Action vs Disruption of the Social Order-POLICE Power to serve the PEOPLE's General Welfare Clause-Formulation of State Policies to achieve the General Welfare Clause-Police or Regulatory Power-plenary power for the Legislature to enact Statutes to promote health, moral, education, good order, safety and the People's General Welfare-the State's Power to enact legislation can interfered with personal liberty or property to promote the General Welfare.
CLASSICAL vs POSITIVIST vs Eclectic Philosophy-Criminal Justice System-Legislative Department defines Sovereign People's Guideposts to Social Order and sanctions Social Deviants(criminals)-Executive Department is "Implementor" of the Sovereign People's Aspiration for an Orderly Society-Armed Forces vs External Aggression-PNP vs Internal Security-Department of Justice prosecutes for the PEOPLE vs Social Deviants(criminals) who disrupt the peace and the Social Order-the Judicial Department isolates criminals from mainstream Society, consistent with the Sovereign People's mandate. MAXIMS in Criminal Law - Doctrine of PRO REO-Actus Non Facit Reum, Nisi Mens Sit Rea- Utilitarian Theory-Nullum Crimen, Nulla Peona Sine Lege.
Crime Malum in Se vs Malum Prohibitum-violations vs the Revised Penal Code on an Act inherently EVIL or bad or per se wrongful-Crimae Malum Prohibitum on violations vs Special Criminal Law-Comparison:Offender's MORAL Trait-Good Faith as a Defense-Crime's Degree of Accomplishment-Mitigating & aggravating circumstances-Participation.
FELONIES-DOLO vs CULPA-Deliberate INTENT vs FAULT from Imprudence, Negligence, lack of Foresight & lack of Skill. Criminal Intent need not be proven to establish the Offense when (1) the crime committed was through CULPA or negligence, reckless imprudent (2) the crim is a Prohibited Act under a Special Law or Malum Prohibitum.
MISTAKE of FACT (Ah Chong Case) vs Mistake in the LAW-ERROR in Personae-ABERRATIO ICTUS-Praeter Intentionem-IMPOSSIBLE CRIMEs.
CLASSICAL vs POSITIVIST vs Eclectic Philosophy-Criminal Justice System-Legislative Department defines Sovereign People's Guideposts to Social Order and sanctions Social Deviants(criminals)-Executive Department is "Implementor" of the Sovereign People's Aspiration for an Orderly Society-Armed Forces vs External Aggression-PNP vs Internal Security-Department of Justice prosecutes for the PEOPLE vs Social Deviants(criminals) who disrupt the peace and the Social Order-the Judicial Department isolates criminals from mainstream Society, consistent with the Sovereign People's mandate. MAXIMS in Criminal Law - Doctrine of PRO REO-Actus Non Facit Reum, Nisi Mens Sit Rea- Utilitarian Theory-Nullum Crimen, Nulla Peona Sine Lege.
Crime Malum in Se vs Malum Prohibitum-violations vs the Revised Penal Code on an Act inherently EVIL or bad or per se wrongful-Crimae Malum Prohibitum on violations vs Special Criminal Law-Comparison:Offender's MORAL Trait-Good Faith as a Defense-Crime's Degree of Accomplishment-Mitigating & aggravating circumstances-Participation.
FELONIES-DOLO vs CULPA-Deliberate INTENT vs FAULT from Imprudence, Negligence, lack of Foresight & lack of Skill. Criminal Intent need not be proven to establish the Offense when (1) the crime committed was through CULPA or negligence, reckless imprudent (2) the crim is a Prohibited Act under a Special Law or Malum Prohibitum.
MISTAKE of FACT (Ah Chong Case) vs Mistake in the LAW-ERROR in Personae-ABERRATIO ICTUS-Praeter Intentionem-IMPOSSIBLE CRIMEs.
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