Characteristics of Criminal Law Part 1 #cupnotes #lawschool #reviewer

Summary

In this video, the speaker delves into the characteristics of criminal law, focusing on generality, territoriality, and prospectivity. The speaker explains these terms in detail, helping viewers understand how generality pertains to people, territoriality to place, and prospectivity to time. While covering generality, they highlight the exceptions, such as treaties like the Visiting Forces Agreement and laws of preferential application. The video also touches on exemptions in criminal jurisdiction under public international law. Viewers are encouraged to check the next vlog for discussions on territoriality and prospectivity.

Takeaways

• 🎯 The topic of the vlog is the characteristics of criminal law.
• 📜 There are three main characteristics of criminal law: generality, territoriality, and prospectivity.
• 🌍 Generality pertains to people, meaning penal laws apply to everyone living or staying in the Philippines, with some exceptions.
• 🗺️ Territoriality refers to place, meaning criminal law is enforced within the country's territorial boundaries.
• ⏳ Prospectivity refers to time, meaning criminal laws apply to future actions, not past ones.
• 🔍 Generality's exceptions include laws of preferential application and international treaties, such as the Visiting Forces Agreement (VFA).
• ⚖️ The VFA allows the U.S. to request a waiver of jurisdiction over certain cases involving their forces in the Philippines.
• 🚢 Warships from foreign countries are considered an extension of their own territory, even when docked in the Philippines.
• 👑 Under public international law, heads of state and diplomats are exempt from the Philippines' criminal jurisdiction.
• 🔑 Consoles and commercial representatives do not enjoy the same immunity as diplomats under public international law.

Q & A

What are the three characteristics of criminal law discussed in the vlog?

The three characteristics of criminal law discussed are generality, territoriality, and prospectivity.

What does the characteristic of generality in criminal law pertain to?

Generality pertains to people, indicating that penal laws are binding to all who live or sojourn in the Philippines.

What is the meaning of territoriality in the context of criminal law?

Territoriality refers to the place, meaning that criminal laws apply within the territorial boundaries of the country.

What does prospectivity in criminal law signify?

Prospectivity pertains to time, indicating that the laws are forward-looking and apply to future actions.

Can you give an example of a treaty that acts as an exception to the general rule of criminal jurisdiction in the Philippines?

An example is the Visiting Forces Agreement (VFA), which allows the Philippines to waive jurisdiction under certain conditions requested by the U.S.

Who are exempt from arrest and imprisonment under RA 75?

Public ministers, ambassadors, and domestic servants of ambassadors and public ministers are exempt from arrest and imprisonment under RA 75.

What is the 'warship rule' in the context of criminal jurisdiction?

The 'warship rule' states that a warship of another country, even when docked in the Philippines, is considered as an extension of the territory of its respective country and cannot be subjected to the laws of the Philippines.

Who are exempt from criminal jurisdiction under the principle of public international law?

Sovereigns, heads of state, charges d'affaires, ambassadors, ministers plenipotentiary, and ministers resident are exempt from criminal jurisdiction under the principle of public international law.

Are consuls and vice consuls exempt from criminal jurisdiction in the Philippines?

No, consuls, vice consuls, and other commercial representatives of foreign nations cannot claim the privileges and immunities accorded to ambassadors and ministers, and therefore, are not exempt from criminal jurisdiction.

What will be discussed in part two of the vlog series on the characteristics of criminal law?

Part two will provide a detailed discussion on the other two characteristics of criminal law: territoriality and prospectivity.

Outlines

00:00

🎬 Introduction to Criminal Law Characteristics

The speaker introduces the topic of the video, focusing on the characteristics of criminal law. This version of the vlog is the detailed one, providing an in-depth explanation for better understanding. The speaker promises a shorter version for quick review and highlights that there are three main characteristics of criminal law: generality, territoriality, and prospectivity. The video aims to explain these characteristics in detail.

05:00

📜 Explaining Criminal Law Characteristics: Generality, Territoriality, Prospectivity

The speaker elaborates on the three main characteristics of criminal law: generality (refers to people), territoriality (refers to place), and prospectivity (refers to time). By breaking down the root words, they make it easier for viewers to understand and memorize these concepts. Generality pertains to people, territoriality to the place, and prospectivity to future time. This section provides a foundational understanding of the terms.

🔍 Generality: Application to People in the Philippines

The first characteristic of criminal law, generality, is explained as applying to all people living or sojourning in the Philippines. Penal laws bind everyone within the country, but there are exceptions, such as those covered by treaties or preferential laws. For instance, under the Visiting Forces Agreement (VFA), certain foreign personnel may be exempt from Philippine jurisdiction. Other examples include ambassadors and public ministers whose properties and persons are exempt from local laws, as stated in laws like RA75.

🌍 Exceptions Under International Law and Preferential Application

This section delves into exceptions to the generality rule under international law. It lists foreign sovereigns, heads of state, ambassadors, and ministers who are exempt from Philippine jurisdiction. Importantly, it clarifies that consuls and commercial representatives do not enjoy the same immunity. The speaker reviews the concept of generality, emphasizing its application to people, and announces the end of part one. They prompt viewers to watch part two for the discussion on territoriality and prospectivity.

Keywords

💡Generality

Generality refers to the principle that criminal laws apply to all individuals within a given jurisdiction, in this case, the Philippines. In the video, it is emphasized that penal laws are binding on everyone living or temporarily residing in the Philippines, with certain exceptions. This concept underscores the universal application of law to people, regardless of their nationality or status.

💡Territoriality

Territoriality indicates that criminal laws are applicable within the geographical boundaries of a state. In the video, it is one of the three characteristics of criminal law, relating specifically to where the laws are enforced. The speaker mentions that foreign warships docked in the Philippines are exceptions to this rule, as they are considered extensions of their respective countries.

💡Prospectivity

Prospectivity is the principle that laws apply to actions or events that occur after the law is enacted. In the video, it is described as 'forward-looking' concerning time, meaning that criminal laws cannot apply retroactively to penalize actions that occurred before the law existed. This characteristic emphasizes the importance of fairness and the rule of law.

💡Penal Laws

Penal laws are statutes that define criminal offenses and prescribe punishments. The video explains how these laws bind all individuals in the Philippines under the principle of generality. Penal laws establish legal parameters for what constitutes criminal behavior and the corresponding consequences for such actions.

💡Treaties

Treaties are formal agreements between countries that can influence or limit the application of domestic laws. In the video, treaties are mentioned as exceptions to the generality rule, such as in the 'Visiting Forces Agreement' (VFA) between the Philippines and the United States. These agreements can grant privileges or immunities to certain individuals, affecting the reach of criminal laws.

💡Visiting Forces Agreement (VFA)

The VFA is a treaty between the Philippines and the United States, granting specific rights and privileges to U.S. military personnel stationed in the Philippines. In the video, it is cited as an example of a treaty that can exempt individuals from the general application of Philippine penal laws, illustrating how international agreements can affect national jurisdiction.

💡Sovereigns and Heads of State

Sovereigns and heads of state are high-ranking officials, such as kings or presidents, who often enjoy immunity from the criminal jurisdiction of other countries. In the video, they are listed as examples of individuals exempt from Philippine criminal law under public international law, demonstrating the limitations of generality and territoriality.

💡Immunity

Immunity refers to the exemption from legal jurisdiction, often granted to diplomats, heads of state, and foreign military personnel. The video discusses immunity in the context of ambassadors, public ministers, and foreign warships, which are protected under treaties and international law. This concept shows how certain individuals or entities can be outside the reach of a country's criminal laws.

💡Preferential Application

Preferential application refers to specific laws or agreements that grant exemptions from the general rules of criminal law. In the video, examples include laws that protect diplomats and warships from being subjected to Philippine criminal laws. This concept illustrates how certain individuals, organizations, or properties receive special legal status.

💡Warship Rule

The warship rule is a principle of international law that treats warships as extensions of their respective countries, even when docked in foreign ports. In the video, it is used as an example of preferential application, where foreign warships are not subject to the laws of the Philippines. This rule highlights the sovereignty of nations and the complexities of applying territorial jurisdiction.

Highlights

Introduction to the characteristics of criminal law.

The longer version of the vlog provides a detailed explanation for better understanding.

Three key characteristics of criminal law: generality, territoriality, and prospectivity.

General rule of criminal law—generality pertains to people.

Explanation of territoriality—pertaining to place.

Explanation of prospectivity—pertaining to time, forward-looking.

Recap: Generality applies to people, territoriality to place, and prospectivity to time.

Generality: Penal laws are binding to all who live or sojourn in the Philippines.

Exception to the general rule: Found in Article 2 regarding treaties and laws of preferential application.

Example of treaties: Visiting Forces Agreement, affecting jurisdiction between the Philippines and the US.

Explanation of laws of preferential application: Example, RA 75 and its application to public ministers and ambassadors.

Explanation of the warship rule: Warships of another country are considered an extension of their home territory.

Exemptions from criminal jurisdiction under public international law, such as sovereigns and heads of state.

Ministers and ambassadors are exempt from Philippine jurisdiction, but consuls and commercial representatives are not.

Recap of generality as the first characteristic of criminal law, which pertains to people.

Transcripts

[Music]

[Applause]

[Music]

our topic for today is characteristics

of criminal law

this version of my vlog is the longer

version because i am going to explain to

you in detail so that you'll have a

better grasp a better understanding of

what the characteristics are

on purpose

without you knowing it

but i am going to have another shorter

version as well parallel

for road memory

the shorter version will not have a

detailed explanation that all you can

play it icha

okay let's start

there are three characteristics of

criminal law namely one generality

to

territoriality

and three prospectivity

let's take a look at the root word so

that we'll be able to understand and

memorize it

okay generality came from the word

general

pertaining to people

territoriality is territorial pertaining

to place

prospectivity is prospective pertaining

to time

[Music]

drawing

so for general it's for people

territorial place

and perspective is for time

perspective is forward looking time

to the future

for visual learners like me mas

general

territorial perspective

going back to the number one

characteristic generality which i said

pertains to people

penal laws are binding to all who live

in sojourn in the philippines i said it

pertains to people

then

in the philippines

so that is generality

this is the general rule applicable

or intransitive or nasa philippines

however there is always an exception to

the general rule

it can be found in article 2 when it

said that except as provided in the

treaties

and laws of preferential application so

once in a savito hindi covered in

jurisdiction

and it's a loss of preferential

application one example of treaty

um

doing that is the

visiting forces agreement so generally

the philippines cannot refuse the

request of the u.s for waiver of

jurisdiction under the bfa as two laws

of preferential application one example

is re75 wherein persons or who are

exempt from arrest and imprisonment and

whose properties are exempt from this

train seizure and attachment are

the public ministers

ambassadors

and domestic servants of ambassadors and

public ministers another law of

preferential application is the warship

rule a warship of another country even

though docked in the philippines is

considered as an extension of the

territory of their respective country

warships are always reputed to be the

territory of the country to which they

belong and cannot be subjected to the

laws of another state so ibizabian will

next law of preferential application is

the principle of public international

law

the following are exempt from our

criminal jurisdiction

sovereigns and other heads of state

charge the affairs ambassadors ministers

plenipotentiary

and minister's resident take note

independent mention among

for your info consoles vice consoles and

other commercial representatives of

foreign nations cannot claim the

privileges and immunities accorded to

ambassadors and ministers and therefore

are not exempt

as a review we have discussed the

generality which is the number one

characteristics of criminal law and

which refers to people

we will be cutting it here

so this is our part one

please check our part two for a detailed

discussion of the

two other characteristics of criminal

law which are

territoriality and prospectivity

okay thank you for watching i'll see you

again soon please check the next vlog

thank you

this is plantonici and i'm signing out

for now