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Felonies (RPC)
Offense (Special Law)
1. Criminal liability is based on mens rea or in dolo (deceit) or culpa
(fault).
1. It is enough that the prohibited act was voluntary
perpetrated.
2. Good faith or lack of criminal intent is a valid defense.
2. Good
faith or lack of criminal intent is not a defense.
3. Degree of accomplishment are considered, i.e., frustrated, etc. 3.
Acts give rise to crime only when consummated.
4. Mitigating and aggravating circumstances are taken into account in
imposing the penalty. 4. Mitigating and aggravating circumstances
are not considered.
5. Degree of participation is considered, i.e., accomplice, etc.
5. All
who perpetrated prohibited act are penalized to the same extent.
Characteristics of Criminal Law:
1. Generality
The statutes must apply to all persons within the country, whether
they reside or sojourn or are merely transients, regardless of
nationality, color, sex, age, social position, and other personal
circumstances, except as provided (a) in public international law, (b)
treaty stipulations, and (c) laws of preferential application.
2. Territoriality