Criminal Law branch of public foreign troops (municipal) substantive law which defines crimes, treats o their nature and provides or their punishment. Exceptions: Sources: 1. Public International Law 1. Act 3815- Revised Penal Code 2. Treaties Stipulation 2. Special penal laws from Congress 3. Laws of Preferential 3. Presidential Decrees Application 2. Territoriality Philippine Archipelago Rules on crimes aboard foreign merchant Atmospheric water vessels while within Philippine waters: Maritime zone- 3 mile English Rule- punishable in the limit beyond our Philippines, unless it merely affects shore during low tide things within the vessel 3. Prospectivity French Rule- not punishable in the country, unless it has effects on the safety of the coastal state. Circumstances affecting ones criminal liability Legal Maxims Nullum crimen nulla poena sine lege 1. Justifying Actus me invictus factus no est meus Self defense, defense of relatives, actus defense of strangers, avoidance of Ignorantia lege neminem excusat greater evil, fulfillment of duty, Ignorati facti excusat obedience to order of superior 2. Exempting
Revised Penal Code (RPC) 3. Mitigating
Incomplete justifying or exempting Spanish Codigo Penal circumstances, under 18, no intention Royal Decree of 1870 to commit so grave a wrong (praeter December 8, 1930- Amendment intentionem), sufficient provocation January 1, 1932- Act 3815 took effect or threat, vindication of a grave Two books composed of: offense, passion or obfuscation, 1. 1st book: voluntary surrender/voluntary Article 1-20- confession of guilt, physical defects, principles affecting illnesses which diminish will power, criminal liability analogous circumstance 4. Aggravating Article 21-113- Advantage of public position, in penalties contempt or with insult to public 2. 2 book: nd authorities, disrespect, abuse of Article 114-367- confidence, palace of the chief felonies executive, place of religious worship, Characteristics nighttime, uninhabited place, band, on 1. Generality occasion o conflagration, shipwreck, etc., aid of armed men, recidivist, reiteration, price, reward or promise, inundation, fire, poison, evident premeditation, graft, fraud or disguise, superior strength, treachery, ignominy, unlawful entry, wall or roof broken, aid of persons under 15, motor vehicle, cruelty. 5. Alternative
Unconfidential Final Report of The Commission of Inquiry Into The Minibus Taxi-Type Service Violence Fatalities and Instability in The Gauteng Province
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