Escolar Documentos
Profissional Documentos
Cultura Documentos
Definitions:
Crime - an act committed or omitted in violation of public law forbidding or commanding it
Criminal Law - branch or division of law which defines crimes, treats of their nature, and
provides punishment
Reclusion perpetua - must serve a jail term of at least 30 years and face additional
penalties.
Recognizance - a legal promise made by someone before a court of law that must be kept
to avoid being punished
Arraignment - to state charges of the accused before a judge
Double jeopardy - the prosecution of a person twice for the same offense
Repeal - removal or reversal of a law
Common law crimes are not recognized in this country unless provided or
mentioned in the penal code or any special penal law.
Limitations on the power of the lawmaking body to enact penal legislation:
1. No ex post facto law or bill of attainder
2. No person shall be held to answer for a criminal offense without due process of
law
Ex post facto law - makes criminal an act done before the passage of a law;
makes the crime greater than it was; makes the punishment more severe; alter
rules of evidence and authorizes conviction; imposes penalty or deprivation of a
right which when done was lawful; and deprives the accused lawful protection
Note: Congress is prohibited from passing an act which would inflict punishment without judicial trial
Rights which may be waved are personal, while Rights which may not be
waived involve public interest.
I.
Double jeopardy
protection
Persons exempt from the operation of our criminal law by virtue of principals
of public international laws:
a. Sovereigns and other chiefs of state
b. Ambassadors, ministers plenipotentiary, ministers resident, and charges
d'affaires
3. PROSPECTIVE - crimes are punished under the laws in force at the time of their
commission
Exceptions to the prospective application of criminal law
i.