Definition of Criminal Law (1) Criminal law is that branch of municipal law which defines crimes, treats of their

nature and provides for their punishment. (2) It is that branch of public substantive law which defines offenses and presc ribes their penalties. It is substantive because it defines the state s right to i nflict punishment and the liability of the offenders. It is public law because i t deals with the relation of the individual with the state. DIFFERENCE BETWEEN MALA IN SE AND MALA PROHIBITA Violations of the Revised Penal Code are referred to as malum in se, which liter ally means, that the act is inherently evil or bad or per se wrongful. On the ot her hand, violations of special laws are generally referred to as malum prohibit um. Note, however, that not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. Even if the cr ime is punished under a special law, if the act punished is one which is inheren tly wrong, the same is malum in se, and, therefore, good faith and the lack of c riminal intent is a valid defense; unless it is the product of criminal negligen ce or culpa. Likewise when the special laws requires that the punished act be co mmitted knowingly and willfully, criminal intent is required to be proved before criminal liability may arise. When the act penalized is not inherently wrong, it is wrong only because a law p unishes the same. For example, Presidential Decree No. 532 punishes piracy in Philippine waters an d the special law punishing brigandage in the highways. These acts are inherentl y wrong and although they are punished under special law, the acts themselves ar e mala in se; thus, good faith or lack of criminal intent is a defense. Distinction between crimes punished under the Revised Penal Code and crimes puni shed under special laws 1. As to moral trait of the offender In crimes punished under the Revised Penal Code, the moral trait of the offender is considered. This is why liability would only arise when there is dolo or cul pa in the commission of the punishable act. In crimes punished under special laws, the moral trait of the offender is not co nsidered; it is enough that the prohibited act was voluntarily done. 2. As to use of good faith as defense In crimes punished under the Revised Penal Code, good faith or lack of criminal intent is a valid defense; unless the crime is the result of culpa In crimes punished under special laws, good faith is not a defense 3. As to degree of accomplishment of the crime In crimes punished under the Revised Penal Code, the degree of accomplishment of the crime is taken into account in punishing the offender; thus, there are atte mpted, frustrated, and consummated stages in the commission of the crime. In crimes punished under special laws, the act gives rise to a crime only when i t is consummated; there are no attempted or frustrated stages, unless the specia l law expressly penalize the mere attempt or frustration of the crime. 4. As to mitigating and aggravating circumstances In crimes punished under the Revised Penal Code, mitigating and aggravatingcircu mstances are taken into account in imposing the penalty since the moral trait of the offender is considered. In crimes punished under special laws, mitigating and aggravating circumstances are not taken into account in imposing the penalty. 5. As to degree of participation In crimes punished under the Revised Penal Code, when there is more than one off ender, the degree of participation of each in the commission of the crime is tak en into account in imposing the penalty; thus, offenders are classified as princ ipal, accomplice and accessory.

BasisProhibita Mala Moral in state Se of the offender; hence, good faith or lack of criminal intent is a d Voluntariness; hence, good faith or lack of criminal intent is not a defense, un efense. less intent Modifying Taken intocircumstances account is an element in imposing of the the crime penalty suchon asthe in offender Sec. 3[e]precisely of RA 3019. because his moral trait is the basis of his crime. Hence, greater perversity deserves a hig her considered Not penalty; whereas, becauselesser the law depravity intends to deserves discourage mitigation. the commission of the act s pecially Degree Penalty of is prohibited. participation computed on the basis of whether the malefactor is a principal offend er, penalty Stage The orof merely accomplishment onan imposed the accomplice offenders depends on or iswhether accessory. the same the ascrime they is areconsummated, all deemed principals. frustrated or a Violation of law is punished only when accomplished or consummated because inten ttempted. t is inherent in attempted or frustrated stage and intent is not relevant in cri mes mala Moral Generally turpitude prohibita. involve moral turpitude logically, so for its basis is the moral state Not of involved the offender. because the act would not have been wrong if not for the prohibitio n ofviolated Law Generally, law. special the Revised penal Penal laws. Code. In crimes punished under special laws, the degree of participation of the offend ers is not considered. All who perpetrated the prohibited act are penalized to t he same extent. There is no principal or accomplice or accessory to consider.